M/S.Heinz Italia & Anr vs M/S.Dabur India Ltd on 18 May, 2007
56.8 Heinz Italia v. Dabur India Ltd48
56.8.1 The asserted mark in this case is the same as that with which we
are concerned, i.e., Glucon-D, though asserted by Heinz Italia SRL
(―Heinz‖, hereinafter), the original proprietor of the said trade mark
and the predecessor-in-interest of the present plaintiff. The trade
mark ―Glucon-D‖ was initially registered in the name of Glaxo on 21
May 1975 and subsequently assigned to Heinz vide Assignment Deed
dated 30 September 1994. Heinz claimed to have been using the trade
mark Glucon-D and the distinctive packaging of the said product -
which is the same as the prior packaging in the present case - from
1994 till 2002 uninterruptedly.