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1 - 10 of 22 (0.26 seconds)The Code of Civil Procedure, 1908
Section 22 in The Companies Act, 1956 [Entire Act]
Section 20 in The Companies Act, 1956 [Entire Act]
N.R. Dongre And Ors vs Whirlpool Corporation And Anr on 30 August, 1996
43. The said judgment of Whirlpool [supra] has been approved
by the Supreme Court of India in the case of N.R. Dongre and
Ors. vs Whirlpool Corpn. and Anr., 1996 (2) ARB.LR 488 SC
CS(OS) No.1023/2013 Page 23 of 45
wherein J.S. Verma, J. speaking for the Bench again reiterated the
exposition of law laid down by the Division Bench of Delhi High
Court.
Allergan Inc vs Milment Oftho Industries And Ors. on 6 November, 1997
47. Recently, this Court has rendered a decision in the case of
Cadbury UK Limited & Anr vs. Lotted India Corporation Ltd.,
reported in 2014 (57) PTC 422 (Delhi) wherein the decision of law
relating to trans-border reputation has been further strengthened
and has been taken to another level wherein the court has not
merely relied upon the decision of Milment (Supra) and Whirlpool
(Supra) but has also extended the principle of trans-border
reputation by observing that the existence of a merchant on web
pages which are of foreign origin and social media are sufficient to
show the trans-border nature of reputation without having any
activity in India at the relevant time.
Milmet Oftho Industries & Ors vs Allergan Inc on 7 May, 2004
44. The said judgment passed in the case of Milment (supra)
passed by Division Bench of Kolkata High Court has been further
approved by Supreme Court of India in the case of Milment Oftho
Industries v. Allergan Inc., (2004) 12 SCC 624 presided by S.N.
Variava, J. wherein the Supreme court has laid down that :
Cadbury Uk Limited & Anr. vs Lotte India Corporation Ltd. on 24 January, 2014
47. Recently, this Court has rendered a decision in the case of
Cadbury UK Limited & Anr vs. Lotted India Corporation Ltd.,
reported in 2014 (57) PTC 422 (Delhi) wherein the decision of law
relating to trans-border reputation has been further strengthened
and has been taken to another level wherein the court has not
merely relied upon the decision of Milment (Supra) and Whirlpool
(Supra) but has also extended the principle of trans-border
reputation by observing that the existence of a merchant on web
pages which are of foreign origin and social media are sufficient to
show the trans-border nature of reputation without having any
activity in India at the relevant time.
B.K. Engineering Co. vs Ubhi Enterprises (Registered) And Anr. on 12 November, 1984
The Court further held that it must be remembered that we
are concerned with the case where both firms are engaged in a
common field of activity. The question arises whether the
defendants are misleading the public into buying their goods in the
belief that they emanated from the Plaintiffs. The Court further said
that most defendants in these cases start their business fully aware
of the fame of the Plaintiffs name and mark. They want to cash in
on the popularity of the plaintiffs product. Whether the goods are
inferior or superior, every infringement is, in the way tribute to the
excellence of the Plaintiffs wares. It is a major of the popularity of
Plaintiffs goods. The Court, also emphasized in para 54 that the
fundamental question is whether there is a likelihood of deception
of the public by the use of a particular name. If there is likelihood,
the defendant will be restrained.
Bloomberg Finance Lp vs Prafull Saklecha & Ors. on 11 October, 2013
In the case of Bloomberg Finance LP (supra), it was
observed in Para 32-44, and 51 that: