Top 5 Landmark Trademark Infringement cases in INDIA | Sonisvision Legal

1. Starbucks coffee v. Sardarbuksh coffee & co.
This case involves Starbucks corporation and sardarbuksh coffee and co. Starbucks is the plaintiff and sardarbuksh is the defendant in the case. Starbucks is a famous coffee joint known for its coffee and has branches in multiple countries. Sardarbuksh is also a coffee place started in Delhi in 2015 having many outlets.
Starbucks has its logo and name registered and is globally recognized. It is a well-known trademark with its logo depicting a crowned maiden with long hair in green colour. Sardarbuksh’s logo has a turbaned man with wavy lines extending from the sides. This makes the Sardarbuksh coffee and co. ‘s logo looks very similar to that of Starbucks. There are many other similarities such as the colour of the crowned maiden from the Starbucks logo and the colour of the turbaned man from the sardarbuksh logo are the same.
2.Coca cola vs Bisleri
On 18 September 1993 defendant, Bisleri International earlier known as Aqua Minerals Pvt Limited sold its, intellectual property rights to five other brands called Thums Up, Limca, Gold Spot, Citra, and Mazza. The intellectual property rights include trademark, formulation rights, goodwill, and know-how.
In 2008, the plaintiff filed an application for registration of the trademark ‘MAZZA’ in Turkey. After intimation of this information to the defendant, the defendant sent a legal notice to the plaintiff renouncing the Licensing agreement and terminating the plaintiff from further production of product Mazza or using its trademark directly or indirectly. The notice said that plaintiff had breached the agreement by applying for registration of trademark ‘MAZZA’ in Turkey.
3. Rajeev Saumitra v. Neetu Singh & ors.
The plaintiff in this case is Rajeev Saumitra and the defendant of this case is Neetu Singh, both were husband and wife as well as the directors of a Private Limited Company which named as “Paramount Coaching Centre Pvt. Ltd.”. The plaintiff Rajeev Saumitra filed this suit in the Court for, inter alia, declaration, rendition of account, damages, permanent and mandatory injunctions against three defendants:-
Ms. Neetu Singh
M/s K.D. Campus Pvt. Ltd.
Paramount Coaching Centre Pvt. Ltd.
4. M/S Bengal Waterpoof ltd v. M/S Bombay Waterproof manufacturing company & anr.
Plaintiff was proprietor of the trade mark ‘DUCK BACK’ and Plaintiff had acquired reputation for waterproof goods and rubberised waterproof raincoats. Somewhere in 1980, Plaintiff came to know that Defendants were manufacturing and marketing similar products under the trade mark ‘DACK BACK’.
5. N.R. Dongre v. Whirlpool corporation
The court noted that Whirlpool Corporation was not only the prior user of the trademark but was also associated with it since the year 1937, whereas the appellants only applied for it in the year 1986. The concept and principle on which passing off action is grounded are that a man is not to sell his goods under the pretense that they are the goods of another man. The court further observed that since 1937, ‘WHIRLPOOL’ is registered in 65 countries with a huge business scale. It was also observed that even though whirlpool products were only sold to US Embassy and a few other Unites States offices in India but the brand name ‘WHIRLPOOL’ have been frequently advertised in international magazines having circulation in India and as a result, it was gaining popularity and well-known reputation not only in the US but in other parts of the world as well including India. Due to which it acquired a Trans-border reputation and goodwill. People and customers began to identify ‘WHIRLPOOL’ with washing machines and other electrical appliances and devices. Also, the buyers are likely to be deceived or confused about the source of the goods if the appellant is allowed to sell their goods under the same mark ‘WHIRLPOOL’ and due to which the respondent would suffer irreparable injury as the product by the appellant were of inferior quality than the product sold by the respondent.
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[@abhishekvaibhavsimon8591]

great video on 5 landmark judgement in trademark

[@DealFryStore-dg1pq]

Sir mere brand name ko kisi dure ne other class me registration Kara liya hai kuchh ho sakta hai

[@Sonisvision_Legal]

protection is granted on class wise basis so one can register their trademark in other class unless your trademark is well-known where you can claim protection over all the classes

[@Aapka_Mahi]

Sir ji I applied trademark for DiviSmile and raised query by
Divi Naturals, what should I do now ?

[@unlawfultraveler7244]

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