Sociology Index

Trade Marks Case Law In India

Trademark Infringement, Trademark Dilution, Books On Trademark Law

Amar Suitings Ltd v. Amar Syntex Pvt. Ltd - Appeal is against the order of the Additional District Judge whereby application filed by plaintiff for grant of interim injunction restraining the defendant to use 'AMTEX SUITINGS' similar to the plaintiff's trade mark 'AMARTEX SUITINGS' with logo of galloping horse, has been dismissed. 2000 Punjab & Haryana High Court.

American Home Products Inc. & Wyeth Labs Ltd. v Lupin Labs - Defendants deny confusion as TOROLAC, sold under prescription was distinct phonetically and in trade dress from ROLAC. It was held that resemblance between marks was structural, visual and phonetic and injunction was granted in favour of plaintiffs. 1995 Bombay High Court.

Bayer A.G. and Anr. v Ajay Jain - Plaintiffs allege infringement of their trademark BAYER and VULKANOX/VULKANOX HS by the defendants. Defendants denied infringement. Permanent injunction granted in favour of the plaintiffs with costs. 1997 Delhi High Court.

Castrol Limited & Anr. v Prem Gupta - Plaintiff sought an injunction restraining defendant from infringing the CASTROL trademark and copyright and from passing off their goods as that of the plaintiff. Suit was ordered to proceed ex parte. Injunctive relief and damages granted to the plaintiff. 1999 Delhi High Court.