Citation: 2007 (35) PTC 571 (GUJ) Decided on: 05.02.2007 Ratio Decidendi: “Passing off is a recurring wrong and such wrong can be prevented at any time.” “Delay itself may not be a sole ground for refusing injunction, if it is found that the Applicants have achieved distinctive goodwill in the trademark and they are […]
Brief Facts: Respondents through their predecessors in interest were using the mark ‘Profol’ in India since 1998 for pharmaceutical product. In 2005, Respondents came to know that the Defendant have launched a drug called ‘ROFOL’ for identical product. Respondents filed a suit for passing off against the Appellant. The Trial Court granted a temporary injunction […]
International Society for Krishna Consciousness (ISKCON) v. Iskcon Appaeral (P) Ltd. (Decided on 26-06-2020)
In a trademark infringement suit filed by ISCKON (International Society for Krishna Consciousness) against Isckon Apparel Pvt Ltd for using the mark “ISKCON” in respect of various goods and services, ISCKON (International Society for Krishna Consciousness) has been granted the status of Well-known trademark under Section 2 (1) (zg) of Trademarks Act, 1999. The […]
Christian Louboutin SAS Vs. Abubaker and Ors.
Decide on: 11.04.2019 FACTS OF THE CASE: The Appellant (Plaintiff), a company duly incorporated under the existing laws of France, having its registered office at Paris against the Defendants who are located in Mumbai. The suit was filed for a permanent injunction to restrain the Defendants from infringing the Plaintiff’s trademark, passing off, unfair competition, […]
Horlicks Ltd. &Anr. Vs. Heinz India Pvt. Ltd.
Citation: (2018) 9 SCC 183 Court: Supreme Court Order dated: 17.12.2018. Facts of the Case: The plaintiff has filed the Suit against the first defendant for illegal disparagement of its goods. It is also the case of the plaintiff that the disparagement is being continued on the electronic as well as print media through the […]
Mankind Pharma Ltd. Vs. Chandra Mani Tiwari and Ors.
Citation: CS (COMM) No. 100/2017 Decided On: 06.07.2018 Facts of the Case: The plaintiff has instituted this suit for perpetual injunction to restrain the two defendants, viz. Chandra Mani Tiwari and Mercykind Pharmaceuticals Pvt. Ltd., from infringing the plaintiff’s trade mark/trade name ‘MANKIND’ and series of marks with the suffix/prefix ‘KIND’ and from passing off […]
