CASE STUDIES ON TRADE MARKS

INTRODUCTION
WHAT IS TRADE MARK

TRADE MARK INFRINGEMENT

CASE STUDIES ON VIOLATION OF TRADE MARKS IN INDIA

WHAT IS A TRADE MARK?

A trade mark is a visual symbol which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking

Trademark Infringement
Trademark Infringement is a violation of exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensee. Trademark infringement mostly occurs when a person uses a trademark which may be either a symbol or a design, with resembles to the products owned by the other party. The trademark owner may begin a legal proceeding against a party, which infringes its registration.

Cases of Trade Mark Violation in IndiaThe trade mark infringement especially among the corporate classes in India is rising on an alarming rate. Few of the notable cases have been described in brief.
1. Honda motors v. charanjit singh 2. Shoppers stop, lifestyle and westside v. pantaloon 3. Mc donalds v. mc curry

1. HONDA MOTORS V. CHARANJIT SINGH

PLAINTIFF: HONDA FOR MOTORS DEFENDANT : HONDA" FOR PRESSURE COOKERS. PASSING OFF : YES. COURT HELD SUCH USE OF TRADEMARK HONDA IS CREATING DECEPTION OR CONFUSION IN THE MINDS OF THE PUBLIC AT LARGE AND SUCH CONFUSION IS CAUSING DAMAGE OR INJURY TO THE BUSINESS, REPUTATION, GOODWILL AND FAIR NAME OF THE PLAINTIFF

2.Shoppers stop, lifestyle and westside v.

pantaloon
PLAINTIFFS : SHOPPERS STOP , LIFESTYLE AND WEST SIDE DEFENDANT : PANTALOONS FACTS: A CASE WAS FILED AGAINST PANTALOONS THAT THEY ( PANTALOONS) WERE LURING THE CUSTOMERS OF SHOPPERS STOP AND LIFESTYLE BY USING THEIR BRAND NAME IN AN UNFAIR MANNER

TAKING POTSHOTS AT THESE COMPITETORS IS NOT NEW FOR PANTALOON . AS ONCE THEY HAD ALSO PUT UP HOARDINGS , ASKING CUSTOMERS TO KEEP WEST-A-SIDE, SHOPPERS! STOP, AND CHANGE YOUR LIFESTYLE. MAKE A SMART CHOICE. HELD : THE HONOURABLE DELHI HIGH COURT HAS ISSUED AN IN JUNCTION RESTRAINING PANTALOONS FROM USING THE NAMES OF ITS RIVALS IN THE ADS.

3. Mc donalds v. mc curry
MCDONALDS -RIGHT CLAIMED OVER THE WORD MC SIMILAR SERVICES- BOTH IN RESTAURANT BUSINESS
MCCURRY - MC / MAC IS A COMMON NAME OF A PERSON,USED COMMONLY IN BUSINESSACROSS VARIOUS DOMAINS INFRINGEMENT? NO COURT HELD HONEST PRACTICE. NOT TAKING UNFAIR ADVANTAGE

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