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“The claimed invention would be obvious to the person skilled in the art, and therefore, the defendant has been able to raise a credible challenge to the validity of the suit patent under Section 64(1)(f) of the Act.”
“Clearly when an unauthorized person files a petition of this nature for taking action against unauthorized construction, the said conduct is not only deceitful, but also misuse and abuse of the process of law.”
“Refusal to allow the amendment to the specifications, which was sought to provide clarification regarding the technical advancements of the subject invention over the newly cited prior art, amounts to a clear violation of the Principles of Natural Justice”
The facts and documents on record clearly establish that both Chile and Peru, are using the word PISCO for their alcoholic beverages, and the impugned order had completely disregarded their shared history regarding manufacture of the beverage PISCO.
While Patanjali could state that its product, ‘Patanjali Special Chyawanprash’, was the best, it could not state that the other chyawanprash manufactures lacked the necessary knowledge and technical know-how to prepare the same as per ayurvedic texts, since that statement is both untrue and misleading to the public at large.
The present petition is filed by petitioner, who provides services for packing of two-wheelers, parcels, and passenger luggage with optional door pickup and delivery at Visakhapatnam Railway Station, seeking extension of his license period for seven months.
The Court stated that Defendants 1,8, 9 and 10 are engaged in illegal activities, which are potentially criminal in nature, and are aimed at deceiving unwary consumers by making them pay through their website under the false pretence of securing reservations with the plaintiff’s ‘GINGER’ hotels.
Despite Respondent 1’s endeavour to create distinctions, it is crystal clear that the marks are confusingly/deceptively similar to the petitioner’s registered trade mark. Such use of a similar mark would invariably mislead consumers and members into believing that the goods under the impugned mark were sourced from the petitioner.
The Court stated that the mala fide intent of Defendants 7 and 8, is evident from their infringing activity of selling counterfeit products bearing the plaintiff’s trade mark with the sole objective of capitalizing on the immense goodwill and brand image enjoyed by the plaintiff.
The infringing materials found on the site of the defendant are counterfeit goods of the plaintiff’s products, affixed with the plaintiff’s registered marks. A clear indicative of the counterfeiting activity towards the plaintiff’s products, are the observations and photographs as attached by the Local Commissioner in its report.
Upon careful comparison of the plaintiff’s trade dress and that of the defendants, it became apparent that the overall colour scheme, get-up and layout of the defendants’ impugned packaging is nearly identical to that of the plaintiff’s trade dress.
The Court held that Moonshine had demonstrated a prima facie case for a grant of injunction, the refusal of which would cause an irreparable loss to it.
Considering the widespread promotional and advertisement activities undertaken by the plaintiff, it is apparent that the trade mark ‘PETER ENGLAND’ has become the single source identifier of the plaintiff and its goods and services.
The plaintiffs submitted that the confusingly similar trade mark in the field of pharmaceuticals, create greater injury as compared to products and services in other fields.
The Court restrained all premises of Being FS Pacific Hospitality Pvt. Ltd. including ‘Birch by Romeo Lane’ from playing or using the sound recordings of Novex Communications Pvt. Ltd.
Wipro Enterprises Pvt. Ltd. had registered its well-known trade mark “WIPRO” and its formative trade marks in various classes under the Trade Marks Act, 1999.
Allegedly, the entire premise of the advertisement campaign by Alpino Health Foods was to denigrate oats as a category of food, including Marico’s ‘Saffola Oats’.
It was said that if no ex-parte ad-interim injunction is granted, Mankind Pharma would suffer an irreparable loss.
Plaintiffs submitted that being the ex-franchisee, Defendant 1 was clearly aware of the ownership and notoriety of the ‘MOTI MAHAL’, ‘MOTI MAHAL DELUX TANDOORI TRAIL’, ‘TANDOORI TRAIL’ and their formative marks as well as the goodwill and reputation enjoyed by the plaintiffs related to the said trade marks.
It is submitted that Plaintiff 1 is a ‘celebrity’ and has a valid and enforceable personality right. He satisfies the dual test of personality rights, viz. having a valid and enforceable personality right on account of being a well-known reputed personality and the same is clearly identifiable in the infringing content uploaded by Defendants 1-8 and 13 on their social media accounts.