stated that the plaintiff has been continuously and consistently using the trademark
and trade name TATA, which is a rare and distinctive patronymic name possessing ... activities and those of companies
promoted by it. The use of the trademark and name TATA by the plaintiffs‟ predecessors in
business dates back
aforesaid mark. The plaintiff company claims
to be owner of various trademarks which contain the name
TATA as a part of the registered trademark ... wide geographical area, coupled with vast
promotion and publicity, the said trademark enjoys an
unparalleled reputation and goodwill and has acquired the
status
skin care and personal cleansing
products, including anti-aging moisturizer under the
trademark OLAY. The plaintiff company is also using the
trademarks OLAY TOTAL EFFECTS ... respect of anti-aging products. The plaintiff holds
registration in respect of trademark OLAY TOTAL EFFECTS
in Class 3 of Schedule 4 of Trademarks
also dairy products etc., for several years. In respect of its trademarks, it is specifically
averred that the plaintiff has obtained registration of the label ... defendant avers that there is no infringement of the
plaintiff‟s trademark of copyright or, that a case is made out against it of passing
drug for urinary tract infection, which
it is selling under the registered trademark „NIFTRAN‟. The
word „NIFTRAN‟ is alleged to be a coined, unique ... defendant No.1 is manufacturing and
marketing a drug under the trademark „NIFTAS‟ which is
alleged to be similar/identical with the trademark „NIFTRAN
industry and in connection with its business, it owns and uses
many trademarks which have acquired an enviable reputation and
goodwill. The well known brands ... other classes details of
which are given as under:
REGISTRATION IN INDIA
Trademark Number Class Status
8 PM 783398 33 Registered and valid
till
restraining Carlsberg from using the
numeral „8‟ as a part of its trademark was prayed for.
Damages were also claimed. The action ... Radico‟s case is that it is the registered proprietor
of various trademarks, having obtained registration in India
and „8 PM‟ is an essential, distinguishing
used for reducing the strength of spirit.
(iv) Appendix „C‟ provided for: trademarks/ brand names etc.
(v) Appendix „D‟ provided for: consideration to be paid ... associate or related
or nominee company own or will own valid trademark
registrations in India or otherwise which names, brands,
etc. belong
plaintiff submits that plaintiff is also the
proprietor of several trademarks comprising or containing "POLO"
in India, details of which have been extracted ... Counsel
further submits that reputation and goodwill of the Plaintiff‟s POLO
Trademarks extends to India and the trademarks are well known to
the relevant
deeds namely „Deed of Assignment of Copyrights‟ & „Deed of
Assignment of Trademarks‟ were executed on the same date..
Furthermore, the respondent company had also ... assigned the
copyrights and trademarks pertaining to its Healthcare Journals &
Communication business, which they had been running for ten
years.
The assessee
