cites: 119449181 doctypes: delhi

Geepee Ceval Proteins And Investment ... vs Saroj Oil Industry on 29 May, 2003

26. Plea of the defendant that since the defendant uses the word Argan in between the two words Morrocon and Oil, there is a distinction between the trademarks of the plaintiff and defendant is answered by this court in 2003 SCC OnLine Del 534 Geepee Ceval Proteins and Investment Pvt. Ltd. v. Saroj Oil Industry, wherein it was held:

Delhi High Court Cites 24 - Cited by 9 - M A Khan - Full Document

Colgate Palmolive Company And Anr. vs Anchor Health And Beauty Care Pvt. Ltd. on 29 October, 2003

29. Granting injunction in a case of similarity in trade dress, colour scheme and manner of writing, this Court in (2003) 27 PTC 478 Colgate Palmolive Company v. Anchor Health and Beauty Care Pvt. Ltd., held :

Delhi High Court Cites 28 - Cited by 43 - J D Kapoor - Full Document

Mrs. Ishi Khosla vs Anil Aggarwal And Anr. on 25 January, 2007

28. Dealing with the dishonest adoption, this court in the decision reported as 2007 (34) PTC 370 Del. Ishi Khosla vs. Anil Aggarwal & Anr. held:

Delhi High Court Cites 9 - Cited by 28 - A K Sikri - Full Document

Info Edge (India) Pvt. Ltd. And Anr. vs Shailesh Gupta And Anr. on 5 March, 2002

In Info Edge (India) Pvt. Ltd. v. Shailesh Gupta 98 (2002) DLT 499 a Ld. Single Judge of this Court observed as under:

Delhi High Court Cites 14 - Cited by 46 - M Sharma - Full Document

Living Media India Limited vs Jitender V. Jain And Anr. on 21 May, 2002

23. Similarly, in the decision reported as 2002 SCC OnLine Del 605 Living Media India Limited v. Jitender V Jain, this court dealing with the combination of two words both of which had a dictionary meaning held:

Delhi High Court Cites 8 - Cited by 22 - J D Kapoor - Full Document

Madhubhan Holiday Inn vs Holiday Inn Inc. on 9 August, 2002

27. An uncanny similarity between the defendant‟s mark and that of the plaintiffs‟, which is sufficient to show that there was a dishonest adoption of the mark on the part of the defendant as in the present case, was held to be deceptive and liable to be injuncted by this court in 2002 SCC OnLine Del 864 Madhubhan Holiday Inn v. Holiday Inn Inc., wherein it was held:

Delhi High Court Cites 25 - Cited by 11 - D Bhandari - Full Document

Moroccanoil Israel Limited vs Manoj Khanna & Ors on 19 December, 2014

9. It was further contended that if the defendant‟s intention was to use the impugned mark in a descriptive manner the same could have been used as "Argan Oil from Morocco" of "Argan Oil of Morocco". Further, descriptive words are not used in a stylized manner and they usually appear in smaller text and are not distinctively used. It was submitted that all three products of defendants, i.e. shampoo, conditioner and hair oil are identical to that of the plaintiffs‟ products. Further, the plaintiff had brought on record certain actual instances of confusion among the customers while purchasing the defendant‟s products they criticized the plaintiff via email and reviews on Amazon. Reliance was placed on the decisions in 1977 SCC OnLine Del 121 M/s Jugmug Electric & Radio Co. vs. M/s Telerad Pvt. Ltd., 2002 SCC OnLine Del 605 Living Media India Limited v. Jitender V Jain, 2019 SCC OnLine Del 8252 Anil Verma vs. RK Jewellers SK Group & Ors., (2011) 4 SCC 85 T.V. Venugopal v. Ushodaya Enterprises Ltd., 2003 SCC OnLine Del Geepee Ceval Proteins and Investment Pvt. Ltd. v. Saroj Oil Industry, 2014 OnLine Del 7723 Moroccanoil Israel Ltd. v. Dr. Manoj Khanna & Ors., 2002 SCC OnLine Del 864 Madhubhan Holiday Inn v. Holiday Inn Inc., (2011) 4 SCC 85 T.V.Venugopal v. Ushodaya Enterprises Ltd., 2013 SCC OnLine Del 2237 Timken Co. v. Timken Services Pvt. Ltd., (2003) 27 PTC 478 Colgate Palmolive Company v. Anchor Health and Beauty Care Pvt. Ltd., and 2007 (34) PTC 370 Del.

Delhi High Court Cites 2 - Cited by 1 - M Singh - Full Document

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