Rishi Lal Gupta Vs Uttam Chemical Udyog & Ors
.... 29. Taking into consideration the facts and circumstances of the case, we are of the view that the registration has been obtained by committing fraud seen from the attitude of the first respondent who had withdrawn the earlier application and filed a new application suppressing the fact. On th ...
Delhi High Court
Amrish Aggarwal Trading As M/S Mahalaxmi Product Vs M/S Venus Home Appliances Pvt Ltd. & Anr
.... he parties and the court shall dispose of the suit conformably to such order insofar as it relates to the issue as to the validity of the registration of the trade mark. (5) The stay of a suit for the infringement of a trade mark under this section shall not preclude the court making any in ...
Delhi High Court
Nadeem Majid Oomerbhoy Vs Gautam Tank And Ors
.... nds the registration of the defendants’ trademark to be invalid. 21. Inasmuch as a specific issue regarding infringement already stands framed by this Court on 1 December 2008 and the plaintiff is pressing its case of infringement against the defendants, the Court has necessarily to examine ...
Delhi High Court
Russell Corp Australia Pty Ltd. 5 Lakeview Drive, Scoresby Victoria 3179, Australia Vs Ashok Mahajan B-10 Sports And Surgical Complex Jalandhar- 144021 (Punjab) And Anr.
.... egistered user, as the case may be, and that there has, in fact, been no bona fide use of the trade mark in relation to those goods or services by any proprietor thereof for the time being up to a date three months before the date of the application; or (b) that up to a date three months be ...
Delhi High Court
Travellers Exchange Corporation Limited & Ors Vs Celebrities Management Private Limited
.... ly in their trademark. In the landmark judgment of the House of Lords in Office Cleaning Services, Ld., v. Westminster Window and General Cleaners, Ld., [1946] UKHL J0121-2, where the competing trade names were ‘Office Cleaning Services Ld’ and ‘Office Cleaning Association’, it was held that Cou ...
Delhi High Court
Perfetti Van Melle S.P.A & Anr. Vs Suresh Nanik Lilaram Hingorani & Ors.
.... r. All issues relating to and connected with the validity of registration has to be dealt with by the Tribunal and not by the civil court. In cases where the parties have not approached the civil court, Sections 46 and 56 provide an independent statutory right to an aggrieved party to seek recti ...
Delhi High Court
M/S. P. M. Diesels Pvt. Ltd Vs M/S. Thukral Mechanical Works And Anr
.... ademark by Thukral, if at all, was not legally permissible. This Court did not accept that period of five years and one month was required to be considered from the date on which Thukral became the proprietor of the trademark (that is 30th May, 1986). This Court was of the view that the period o ...
Delhi High Court
Shivkumar Shankarrao Thakur And Ors. Vs Yogesh Shashikumar Savadekar And Ors.
.... istrative proceeding and that the Registrar while discharging his duties in that behalf performs quasi judicial functions whereby he decides, prima facie at least, the rights of the parties. It is, therefore, of the essence of the procedure 'required for performing that duty that the party whose ...
Intellectual Property Appellate Board, Delhi Registry Cum Bench
Maharshi Packaging Machines Pvt. Ltd. Vs M/S Maharshi Udyog Thru Partner, Bhagvat Vitthaldas Shah
.... In para 29 of Patel Field Marshal Agencies (supra), the Supreme Court explained the scope and purport of the said provision and thereafter observed that the resume of the provisions of 1958 Act makes it clear that all questions with regard to the validity of Trademark is required to be decided b ...
Gujarat High Court
Arun Chopra Vs Kaka-Ka Dhaba Pvt Ltd & Ors
.... bott Healthcare (supra) which holds inter alia that an application, during the pendency of the suit, filed by the plaintiff for rectification of the defendant’s mark does not bar an application under Section 124 of the Act. After analysing the judgment of the Supreme Court in Patel Field Marshal ...
Delhi High Court
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