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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).
Calcutta High Court Cites 20 - Cited by 21 - S Banerjee - Full Document

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).
Delhi High Court Cites 12 - Cited by 13 - B D Ahmed - Full Document

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.
Calcutta High Court Cites 20 - Cited by 1 - S Sen - Full Document
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