Plaintiff had prior knowledge of the
Defendant‟s predecessor-in-interest using the trademark „GetMyTrip‟ and
the Plaintiff had been doing business with the said ... plaintiff had prior knowledge of the predecessor-in-interest of
the defendant using the trademark GETMYTRIP and plaintiff had
been doing business with the predecessor
Kabushiki Kaisha Toshiba vs Tosiba Appliances Co. on 16 August, 2024
Author: Sanjeev Narula
Bench
amended
written statement, the Defendant is claiming use of the trademark
"ROCHAK" through their alleged predecessor-in-interest, Bajaj Food
Products since ... Deed of 05th March,
2004. Hence, they allege that any use of the trademark "ROCHAK" by Bajaj
Food Products must accrue
Subject Trademarks and on that basis allege that the trademarks "KOBE"/
" " being used by the Defendant [hereinafter "Impugned Trademarks ... testimony of PW1 and documents that it was using the trademark KOBE prior
to use of trademark by the defendant hence, the plaintiff through
products marketed under the Plaintiff's trademark.
12.2. Plaintiff's predecessor, Cipla Limited, first conceived, adopted and
registered the device mark "OMNI ... Thereafter, Cipla Limited adopted the trademark
"OMNIGEL" in the year 2000, and started the use of the distinctive trade
dress/packaging
predecessor company viz Cipla Limited, concieved and
adopted the trademark "OMNI" in the year 1937. Plaintiff's predecessor also
obtained registration ... Subsequently, in the year 2000, the Plaintiff's
predecessor adopted the trademark "OMNIGEL" for its topical analgesics,
containing the active pharmaceutical ingredient
predecessor company viz Cipla Limited, concieved and
adopted the trademark "OMNI" in the year 1937. Plaintiff's predecessor also
obtained registration ... Subsequently, in the year 2000, the Plaintiff's
predecessor adopted the trademark "OMNIGEL" for its topical analgesics,
containing the active pharmaceutical ingredient
Plaintiff's trademark viz. "OFFICER'S CHOICE" was coined and
adopted in the year 1988 by the predecessor in rights, title ... business. The trademark "OFFICER'S CHOICE" has been
used openly, continuously, extensively, and exclusively by the Plaintiff's
predecessor and subsequent
Plaintiff's predecessor continuously and extensively
used the said marks. Following the amalgamation of the Plaintiff with its
predecessor company, the ownership and legacy ... Plaintiff's trademark registrations are set out at
paragraph No. 11. In addition to registrations in India, Plaintiff, through its
predecessor has also secured
above entities, who are the predecessors of
Defendant No. 1, were using the trademarks with the consent and permission
of Mr. Mukesh Gupta. Thus ... mark was not only in use at the claimed
dates, but also that such use was by the legal predecessor whose rights they
have lawfully
