Bajaj Auto Limited Vs. In two-year-old dispute involving two companies, which have been locked in a patent dispute over the use of a twin-spark plug engine technology, the Supreme Court observed that suits relating to the matters of patents, trademarks and copyrights are pending for years and years and litigation is mainly fought between the parties about the temporary injunction. The Supreme Court directed that hearing in the intellectual property matters should proceed on day to day basis and the final judgment should be given normally within four months from the date of the filing of the suit.
December 1, Vol. Just preceding the introduction of the Act comes a landmark decision of the Supreme Court of India. In the case of Hardie Trading Ltd. The court held that to constitute use there is no requirement for the goods bearing the mark to be physically present and made available in India.
The court has cited the approval law, which held that the presence of the mark in advertisements, invoices and orders also constitutes use of the trademark. While citing with approval the English decision in Bon Matin Trade Mark RPCthe court held that even the presence of the mark on price lists and promotional literature constitutes use.
On the question of cancellation of a trademark, the court held that mere continuous nonuse of the trademark for five years is insufficient. While commenting upon special circumstances excusing nonuse, the court held that the fact that the registered proprietor could not import its products into India, owing to import restrictions, constituted a special circumstance.
Accordingly, the registered proprietor could manufacture its goods only in India, which would require an enormous investment of setting up a factory, and which would make the entire project economically unviable, also constituted a special circumstance.
This judgment will assist registered proprietors of well-known marks in maintaining their registrations in India.Top 10 Landmark Judgements of Intellectual Property Rights Law - Legal News India, Legal News World, Supreme Court, Supreme Court of India, Delhi high court.
NAFDAC Wins Landmark Judgement against Counterfeiter | NAFDAC November 26, Nigerian Law Intellectual Property Watch Newsroom The National Agency for Food and Drug Administration and Control (NAFDAC) has won a landmark judgment securing an 11 years imprisonment against a middle-aged man who specializes in .
Dear Twitpic Community - thank you for all the wonderful photos you have taken over the years. We have now placed Twitpic in an archived state. Landmark Supreme Court of India Decision on Use of Trademarks Chander M 58, No. 19).
Just preceding the introduction of the Act comes a landmark decision of the Supreme Court of India. In the case of Hardie Trading Ltd.
|Top 10 Landmark Judgements of Intellectual Property Rights Law||Background[ edit ] Anti-miscegenation laws in the United States[ edit ] Anti-miscegenation laws in the United States had been in place in certain states since colonial days.|
v Addison Paint This judgment will assist registered proprietors of well-known marks in maintaining their. List of trademark case law. Jump to navigation Jump to search.
This list contains an alphabetical listing of historically significant or leading case law in the area of US trademark law A. Anheuser-Busch, Inc.
v. L & L.
Landmark Judgment: SC issues guidelines for grant of ex parte orders. by Shan Kohli August 1, should order discovery and production of the documents at the earliest so as to focus on the main controversies of the case and arriving at the truth of the matter.
Grants permanent injunction against use of trademark/word mark/device.