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1 - 10 of 25 (0.72 seconds)Section 17 in The Copyright Act, 1957 [Entire Act]
Section 51 in The Copyright Act, 1957 [Entire Act]
Section 55 in The Copyright Act, 1957 [Entire Act]
Section 19 in The Copyright Act, 1957 [Entire Act]
M/S.Heinz Italia & Anr vs M/S.Dabur India Ltd on 18 May, 2007
l) In Heinz Italia Vs. Dabur India Ltd., reported in 2007 (6) SCC 1,
the Hon‟ble Supreme Court has held that:
Vicco Laboratories, Bombay vs Hindustan Rimmer, Delhi on 31 January, 1979
c) In the case reported at AIR 1979 Delhi 114, Vicco Laboratories vs.
Hindustan Rimmer, Delhi., the case of the plaintiff before court as per
Para 9 was that the plaintiffs have been marketing the cream in a
collapsable tube of 3 different sizes which has the distinctive get up etc.
The collapsable tube has red background with floral design in yellow
colour under the trade mark „Vicco Turmeric Vanishing Cream‟ in the
carton as well as tube in yellow strip in the bottom. The case against the
defendant was that they have been marketing the vanishing cream in the
carton and tube which are a colourable immitation of the plaintiff‟s carton
and tube under the trade mark „Cosmo‟. This court granted the injunction
against the defendant and held at para 13 as under:-
Nova Ball Bearing Industries vs Mico Ball Bearing on 1 September, 1980
d) In the case of Nova Ball Bearing Industries vs. Mico Ball Bearing,
PTC (Supp) (1) 497(Del), it has been held at para 7 page no. 499 as under:-
M/S Indian Rlys Cat.& ... vs M/S Doshion Veolia Water ... on 4 October, 2010
i) In the case of Tavener Rutledge Ld. Vs. Specters Ld., 1959 RPC
Page 83 at Page 88, it was observed as under:-
Colgate Palmolive Company And Anr. vs Anchor Health And Beauty Care Pvt. Ltd. on 29 October, 2003
m) In Cadila Health Care case [(2001) 5 SCC 73 : 2001 PTC 300] it
has also been held that in the case of a passing-off action the similarities
CS(OS) No.906/2012 Page No.27 of 33
rather than the dissimilarities have to be taken note of by the court and the
principle of phonetic "similarity" cannot be ignored and the test is as to
whether a particular mark has obtained acceptability in the market so as to
confuse a buyer as to the nature of product he was purchasing.