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1 - 10 of 28 (0.30 seconds)The Code of Civil Procedure, 1908
Itc Limited vs Golden Tobacco Limited on 26 July, 2018
ITC Limited v Gold Step Tobacco 08.02.2024 GOLD STEP
Private Limited & Ors., CS(COMM)
No. 124/2024
5.
The Copyright Act, 1957
Three-N-Products Private Limited vs Emami Limited on 26 August, 2008
"Best," "Gold," or "Ultra" are often used to praise and describe the
quality of goods and are considered non-distinctive and common to
trade. Courts have held that such words, when forming part of a
composite mark, do not per se confer any exclusive proprietary right
on a party. Thus, in cases where such descriptive or laudatory
elements are part of a registered mark, registration does not grant
exclusivity over those elements alone under Section 17(2)(b).
(Vasundhra Jewellers Pvt. Ltd. vs. Kirat Vinodbhai Jadvani & Anr.
2022 SCC OnLine Del 3370, Vardhman Buildtech Pvt. Ltd. vs.
Vardhman Properties Ltd. 2016 SCC OnLine Del 4738, Soothe
Healthcare (P) Ltd. vs. Dabur India Ltd. 2022 SCC OnLine Del 2006,
Three-N-Products Pvt. Ltd. vs. Emami Ltd. 2010 SCC OnLine Cal 134).
Section 17 in THE COMMERCIAL COURTS ACT, 2015 [Entire Act]
The Legal Services Authorities Act, 1987
Itc Limited vs Golden Tobie Private Limited & Ors. & Ors on 19 May, 2022
Sl Suit Details Order Date Mark in Dispute
No.
1. ITC Limited v. Golden Tobie 19.05.2022 GOLD MAGIC GOLD
Tobacco Private Limited & Ors., TOUCH GOLD
CS(COMM) No. 331/2022 STRIKE
2.
Vardhman Buildtech Pvt Ltd & Ors vs Vardhman Properties Ltd on 17 August, 2016
"Best," "Gold," or "Ultra" are often used to praise and describe the
quality of goods and are considered non-distinctive and common to
trade. Courts have held that such words, when forming part of a
composite mark, do not per se confer any exclusive proprietary right
on a party. Thus, in cases where such descriptive or laudatory
elements are part of a registered mark, registration does not grant
exclusivity over those elements alone under Section 17(2)(b).
(Vasundhra Jewellers Pvt. Ltd. vs. Kirat Vinodbhai Jadvani & Anr.
2022 SCC OnLine Del 3370, Vardhman Buildtech Pvt. Ltd. vs.
Vardhman Properties Ltd. 2016 SCC OnLine Del 4738, Soothe
Healthcare (P) Ltd. vs. Dabur India Ltd. 2022 SCC OnLine Del 2006,
Three-N-Products Pvt. Ltd. vs. Emami Ltd. 2010 SCC OnLine Cal 134).
Itc Limited vs Whole Leaf Tobacco Venture Pvt. Ltd And ... on 22 February, 2019
19. Indisputably, repeated judicial pronouncements, suggest that the
word 'GOLD' has been found to be a prominent feature of the
petitioner's mark also enjoying distinctiveness but does this fact per
se give then a monopoly on the word 'GOLD'. (ITC Limited vs. Golden
Tobacco Limited 2018 SCC OnLine Mad 2437, ITC Ltd. vs. NTC Industries
Ltd. 2015 (64) PTC 244 (Bom); ITC Limited vs. Whole Leaf Tobacco
Venture Pvt. Ltd. and Ors. before the Hon'ble High Court at Calcutta,
15
Order dated 19/02/2018 in GA no. 3437 of 2018, CS No. 261/2018;
ITC Ltd. vs. Tapisserie Lifestyle Private Limited and Anr. before the
High Court at Delhi, Order dated 24/03/2022 in CS (Comm)
667/2021 and IAs No. 160907 of 2021 and 611 of 2022 and ITC
Limited vs. Golden Tobie Private Limited & Ors. before The High Court
at Delhi, Order dated 19/05/2022 in CS (Comm) 331/2022.