goodwill is an intangible asset of the trademark. the goodwill is the basis which establishes the good reputation of a commodity or a service under a particular trademark.
The issues relating to immovable property in international scenario is dealt in a different way in different case laws. It had changes in principles from time to time.
goodwill is an intangible asset of the trademark. the goodwill is the basis which establishes the good reputation of a commodity or a service under a particular trademark.
The issues relating to immovable property in international scenario is dealt in a different way in different case laws. It had changes in principles from time to time.
Tata Press Limited vs Mahanagar Telephone-Nigam.pptxHarsh Kumar
This appeal has arisen from a civil suit instituted before the Bombay by the Mahanagar Telephone Nigam Limited (the Nigam) and the Union of India for a declaration that they alone have the right to print/publish the list of telephone subscribers and that the same cannot be printed or published by any other person without express permission of the Nigam/Union of India. A further declaration was sought that the Tata Press Limited (Tatas) have no right whatsoever to print, publish and circulate the compilation called "Tata Press Yellow Pages" (Tata- pages). A permanent injunction restraining the Tatas, their agents and servants from printing and/or publishing and/or circulating the "Tata - Pages" being violative of the Indian Telegraph Act, 1885 (the Act) and the Indian Telegraph Rules, 1951 (the rules) - was also sought from the Court. The City Civil Court, Bombay by its judgment dated August 7, 1993 dismissed the suit. First appeal filed by the Nigam and the Union of India was heard by a learned single judge of the Bombay High Court and the learned judge by the judgment dated April 27, 1994 allowed the appeal, set aside the judgment of the trial court and decreed the suit. Letters Patent Appeal filed by the Tatas was dismissed by a Division Bench of the Bombay High Court by the impugned judgment dated September 8, 1994. This appeal, by way of special leave, is against the judgment of the Division Bench of the High Court upholding the learned single judge.
"Tata Press yellow pages" comprising paid advertisements from businessmen, traders and professionals. We are, however, of the view that the appellants cannot publish any "list of telephone subscribers" without the permission of the telegraph authority. Rule 458 of the Rules is mandatory and has to be complied with. The appellant shall not publish in the "Tata Press yellow pages" any entries similar to those which are printed in the 'white Pages' of the "telephone directory" published by the Nigam under the Rules. We make it clear that the appellant cannot print/publish an entry containing only the telephone number, the initials, the surname and the address of the businessmen, trader or professional concerned.
Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
Framing of charge means drawing up in writing by the Judge or Magistrate in separate prescribed form of charge sheet regarding specific accusation , appeared prima facie , in the materials collected during investigation , against the accused , mentioning therein the detail information of the crime for which he is charged .
It is fundamental principle of law that the accused should know the exact nature of allegation brought against him . It is, therefore, imperative that before a person is convicted of any offence he should be formally charged, i.e., informed with committed by him, and be given an opportunity to defend himself against such charge.
In other words, a charge is a written document containing the description of the offence which the court, in inquiry or trial, finds Prima facie proved by evidence before it to have been committed by the accused and requires him to defend it.
He is entitled to be informed with the greatest precision what acts he is said to have committed, and under what sections of the penal law these acts fall.
Sections 211 to 214 give clear and explicit directions as to how a charge should be drawn up to tell an accused person as precisely and concisely as possible of the matter with which he is charged.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
Copyright is a form of IPR which is Intellectual Property Rights, applicable to certain forms of creative work. A copyright gives the creator of original works exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or works
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
Pre-Grant & Post- Grant Opposition to IPRs in IndiaBindu Kshtriya
Patents
Trade Marks
Copyrights
Generic Labelling
Role of NGO to fight for patient’s right against Patent’s Right.
Leading Cases of IPRs that shows ramifications in Indian IPR system.
Tata Press Limited vs Mahanagar Telephone-Nigam.pptxHarsh Kumar
This appeal has arisen from a civil suit instituted before the Bombay by the Mahanagar Telephone Nigam Limited (the Nigam) and the Union of India for a declaration that they alone have the right to print/publish the list of telephone subscribers and that the same cannot be printed or published by any other person without express permission of the Nigam/Union of India. A further declaration was sought that the Tata Press Limited (Tatas) have no right whatsoever to print, publish and circulate the compilation called "Tata Press Yellow Pages" (Tata- pages). A permanent injunction restraining the Tatas, their agents and servants from printing and/or publishing and/or circulating the "Tata - Pages" being violative of the Indian Telegraph Act, 1885 (the Act) and the Indian Telegraph Rules, 1951 (the rules) - was also sought from the Court. The City Civil Court, Bombay by its judgment dated August 7, 1993 dismissed the suit. First appeal filed by the Nigam and the Union of India was heard by a learned single judge of the Bombay High Court and the learned judge by the judgment dated April 27, 1994 allowed the appeal, set aside the judgment of the trial court and decreed the suit. Letters Patent Appeal filed by the Tatas was dismissed by a Division Bench of the Bombay High Court by the impugned judgment dated September 8, 1994. This appeal, by way of special leave, is against the judgment of the Division Bench of the High Court upholding the learned single judge.
"Tata Press yellow pages" comprising paid advertisements from businessmen, traders and professionals. We are, however, of the view that the appellants cannot publish any "list of telephone subscribers" without the permission of the telegraph authority. Rule 458 of the Rules is mandatory and has to be complied with. The appellant shall not publish in the "Tata Press yellow pages" any entries similar to those which are printed in the 'white Pages' of the "telephone directory" published by the Nigam under the Rules. We make it clear that the appellant cannot print/publish an entry containing only the telephone number, the initials, the surname and the address of the businessmen, trader or professional concerned.
Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
Framing of charge means drawing up in writing by the Judge or Magistrate in separate prescribed form of charge sheet regarding specific accusation , appeared prima facie , in the materials collected during investigation , against the accused , mentioning therein the detail information of the crime for which he is charged .
It is fundamental principle of law that the accused should know the exact nature of allegation brought against him . It is, therefore, imperative that before a person is convicted of any offence he should be formally charged, i.e., informed with committed by him, and be given an opportunity to defend himself against such charge.
In other words, a charge is a written document containing the description of the offence which the court, in inquiry or trial, finds Prima facie proved by evidence before it to have been committed by the accused and requires him to defend it.
He is entitled to be informed with the greatest precision what acts he is said to have committed, and under what sections of the penal law these acts fall.
Sections 211 to 214 give clear and explicit directions as to how a charge should be drawn up to tell an accused person as precisely and concisely as possible of the matter with which he is charged.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
Copyright is a form of IPR which is Intellectual Property Rights, applicable to certain forms of creative work. A copyright gives the creator of original works exclusive rights to it, usually for a limited time. Copyright may apply to a wide range of creative, intellectual, or artistic forms, or works
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
Pre-Grant & Post- Grant Opposition to IPRs in IndiaBindu Kshtriya
Patents
Trade Marks
Copyrights
Generic Labelling
Role of NGO to fight for patient’s right against Patent’s Right.
Leading Cases of IPRs that shows ramifications in Indian IPR system.
Indian Trademarks Act presentation with case study of
1. Amul vs Ichhamati Co-Operative Milk Producers Union Limited
2. SBL Limited v. Himalaya Drug Company
3. Colgate Pamolive Co vs Anchor Health and Beauty care
Hatch- waxman act (The drug price competition and patent term restoration act...Mohit Kumar
The Drug Price Competition and Patent Term Restoration Act , informally known as the Hatch-Waxman Act, is a 1984 United States federal law that encourages the manufacture of generic drugs by the pharmaceutical industry and established the modern system of government generic drug regulation in the United States.
3Kaur15 U.S.C.S. § 1125 ™False designations of ori.docxtamicawaysmith
3
Kaur
15 U.S.C.S. § 1125
™
False designations of origin, false descriptions, and dilution forbidden
Shagandeep Kaur
Business 154: Business Law
Gary Patterson
Research Project
December 10, 2014
Table of Contents
Title
Page number
I. Introduction
1
II. Legislation
1
III. Rationale
1
IV. Case Analysis
2
Case 1.
2
Case 2.
3
V. Conclusion
4
a. Social Impact
4
b. Personal Opinion
5
References
6
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I. Introduction
The Lanham Act, also known as the trademark act, was enacted in 1946 with the purpose of being a federal trademark statue of law. This law originated so that various merchants are able to maintain their commerce through their reputation and brand without having other competitors take advantage of diluting the brand through similar names or trademarks that impersonate the original merchant. This act is filed under title 15, Commerce and Trade, because it pertains to merchants and their businesses. Chapter 22, Trademarks and general provisions, has this law as a subsection. This paper will be covering § 1125, which deals with false designations of origin, false descriptions, and dilution. The two cases that are covered will go into depth about how the courts interpret the law and whether or not it has a significant impact on commerce.
This topic is of interest to me because it takes many years for a business to build their reputation and brand-worth and another person may try to make money off of that brand even if they have no right to. This usually occurs with high end reputable brands, such as, Gucci, Chanel, Louis Vuitton, Coke, et cetera, when people make knock offs or duplicates of that brand and sell them as genuine. This ends up diluting the brand and is also considered false designation of origin since it’s not the real brand. It’s really tempting to purchase knockoffs of such luxury items but at the end of the day, the people selling those items are infringing on trademarks and can be held liable in court under this Chapter and subsection.
II. Legislation
This law comes under Title 15, Commerce and Trade, and under Chapter 22, Trademarks and general provisions, and under § 1125, false designations of origin, false descriptions, and dilution are forbidden.
15 USCS § 1125
(a) Civil action.
(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which--
(A) Is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or
(B) I ...
This generally deals with ANDA litigation in United states with Paragraph iv litigation generally. It also emphasizes on Cost involved in ANDA litigation with different methods for reducing the cost.and how many million or billion at stake when Generic and Branded drugs. It also covers the litigation part of District New Jersey that how and in what manner litigation with respect to Hatch-waxman act an is done along with the timelines and CAFC timelines.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
2. NAME OF THE CASE
CADILA HEALTHCARE LTD. V. CADILA PHARMACEUTICALS,
2001
CITATION OF THE
CASE
2001 (2) PTC 541 SC
NAME OF THE COURT HON’BLE SUPREME COURT OF INDIA
APPLICANT IN THE
CASE
CADILA HEALTHCARE LTD.
RESPONDENT IN THE
CASE
CADILA PHARMACEUTICALS
HON’BLE BENCH
JUSTICE B.N.KRIPALJUSTICE DORASWAMY RAJUJUSTICE
BRITISH KUMAR
DATE OF THE
JUDGEMENT
26TH MARCH, 2001
3. RELEVANCE OF THE CASE
Imagine a situation where you are unwell and you are in
search of your medicine, you want paracetamol with the name
‘Fevergo’ for your treatment, however, you get a tablet by the
name ‘Fevertab’. Believing ‘Fevertab’ to be the same as
‘Fevergo’ you buy it and the tablet doesn’t suit you. Later, you
realise that it was not the tablet you were looking for, you were
misled by the name. By this example, it is clear that such
similarity between the names of medicines might lead to life-
threatening situations as the composition may differ
extensively. In the law of intellectual property, there is a
catena of cases that are premised upon unregistered
trademarks and the action of passing off.
The current case is a landmark case that deals with the passing
4. MEANING OF DECEPTIVELY SIMILAR
Section 2(h) of Trademark Act, 1999
A mark shall be deemed to be deceptively similar to another
mark if it so nearly resembles that other mark as to be likely to
deceive or cause confusion.
This is also an absolute ground for refusal of registration under
section 9 of Trademark Act, 1999.
5. MEANING OF INFRINGEMENT
Section 29 of the Trade mark Act, 1999 states about various
aspects concerning the infringement as given in S.29(1) that A
registered trade mark is infringed by a person who, not being
registered proprietor or a person using by way of permitted
in the course of trade, a mark which is identical with, or
similar to the trade mark in relation to goods or services in
which the trade mark is registered and in such manner as to
the use of the mark likely to be taken as being used as a trade
It is further given in the Sub Section (9) of this provision that
the infringement can also be done by the spoken use of the
words as well as by the visuals.
6. MEANING OF PASSING OFF
• According to Duhaime’s law dictionary, Passing Off is
“making some false representation likely to induce a
person to believe that the goods or services are those
of another.”
• The law of passing off is provided under Section 134 1
(c) of Trademark Act 1999. (2) And Section 27 of the
Trademark Act 1999 provides a common law
remedy. It is a common-law tort which is used for
unregistered trademark rights ( a trademark which
has not been registered under trademark or patent
office is known as an unregistered trademark).
• The law of passing off prevents one person from
7. ELEMENTS OF PASSING OFF
• There are three main elements of Passing-Off which
were stated in the famous case law of Reckitt & Colman
Ltd. v/s Borden Inc. by the house of lords, which are as
It was stated that a plaintiff must establish
• Goodwill or reputation attached to his/ her goods or
services
• He/she should prove that a misrepresentation is done
by the defendant.
• He should prove that he/she has suffered a loss due to
the defendant’s misrepresentation.
8. Modern elements of Passing-Off
• Misrepresentation
• Made by a person in the course of trade
• To prospective customers of his or her ultimate
consumers of goods or services supplied by him or her
• To injure the Goodwill of another person’s business
• Causes actual damage to the plaintiff’s business
Goodwill
9. DIFFERENCE BETWEEN INFRINGEMENT AND PASSING OFF
S. No. Infringement Passing off
1. Type of remedy The statutory remedy under Section
29(1) of the Trade mark Act, 1999
Common-Law remedy
2. Registration It is a pre-requisite It is not required
3. Proof Plaintiff is only required to show
deceptive similarity, as there is a
presumption of confusion
Apart from proving deceptive similarity, the
Plaintiff is also required to prove confusion
in public and the likelihood of injury to the
plaintiff's goodwill
4. Jurisdiction The registered proprietor or registered
user of the trade mark can institute
the suit where they actually and
voluntarily resides or carries his
business or personally work for gain
Section 20 of the Civil Procedure Code,
10. AMBIT OF BOTH
In a recent case of S. Syed Mohideen v. P. SulochanaBai,
the Apex Court of the country stated that passing off right
is a wider remedy than that of infringement. This is
because the passing off doctrine operates on the general
principle that no person is entitled to represent his or
her business as the business of another person. The said
action of deceit is maintainable for diverse reasons other
than that of registered rights which are allocated rights
under the Act.
11. FACTS OF THE CASE
• In the present case, Cadila Healthcare Ltd. (the
appellant) and Cadila Pharmaceuticals (the respondent)
were two pharmaceutical companies that introduced
medicine for the treatment of cerebral malaria
commonly known as Falciparum.
• The appellant launched the medicine by the name and
style ‘Falcitab’ and the respondent named their
medicine ‘Falcigo’.
• The appellant got their trademark registered in 1996
after being granted permission by the Drugs Controller
of India, whereas, the respondent registered their
trademark in 1997.
12. PROCEDURAL HISTORY
• Later in the year 1998, the appellant became aware that Cadila
Pharmaceutical is using the mark “FALCITAB” which is similar
to their mark “FALCIGO”; and that the mark was applied by
Cadila Pharmaceutical for similar drug, thus the appellant filed
an injunction before the Vadodara District Court to restrict the
respondent from doing any further trade.
• However, the Vadodra District Court gave the judgement in
favour of the respondent stating that the two medicines were
different from each other based on formulation, appearance
and price. The Court also stated that, since both the medicines
are ‘Schedule L’ category drugs and are sold to hospitals directly
there will not be any likelihood of the public being confused.
• Aggrieved by this decision, the appellant appealed before the
High Court. The appellants had no luck this time too, as the
High Court dismissed their appeal on the basis that there was no
13. ISSUES RAISED
•Whether or not the sale of the ‘Falcigo’ drug by
the respondent amounts to passing off?
•Whether the mark of Cadila Pharmaceutical
i.e., ‘Falcitab’ is similar to the mark of Cadila
Healthcare i.e., ‘Falcigo’?
14. Appellant’s contentions
• Cadila Healthcare Ltd., i.e., the appellant contended that a
similar trademark to theirs is being used by Cadila
Pharmaceuticals, i.e., the respondent for the treatment of
falciparum malaria that has a high possibility of creating
confusion and deception among the public. The appellants
stated that the respondent is passing off a drug of the appellants
by making use of a deceptively similar trademark name
called ‘Falcitab’ for the treatment of a similar ailment.
• The appellant further mentioned the contention of the
respondent stating that the mark of the drug is only used for the
‘Schedule L’ category of drugs that are directly sold to hospitals
and clinics and thus, the possibility of any confusion being
15. Respondent’s contentions
• Cadila Pharmaceutical contended that the
prefix ‘Falci’ in their trademark name ‘Falcitab’ was
taken from the disease ‘Falciparum’, and it is a common
practice in the pharmaceutical industry to name a
medicine after the disease it is supposed to cure.
• The respondent further contended that the said drug
belongs to the ‘Schedule L’ category wherein such
medicines are directly sold to hospitals or clinics, unlike
the ‘Schedule H’ drugs which are sold in the retail
medical shops. Due to this reason, the possibility of the
public being confused or deceived between both drugs is
unlikely.
16. JUDGEMENT
• The Hon’ble Supreme Court stated ,the said judgement is passed
to establish the principles to be followed while dealing with an
action of passing off with special regard to medical products.
• The Indian market consists of a huge number of people who
don’t know English or are illiterate, thus such consumers are
supposed to be considered prior to making any decision as the
confusion regarding the identity of the product might lead to
grave effects on public health and this is why we cant rely on
foreign judgements for giving a decision in India.
• The Hon’ble Court also observed that even if the drugs in
dispute belong to ‘Schedule L’ which are directly sold to the
hospitals or clinics, the possibility of creation of confusion
between both the drugs cannot be dispensed with even though it
is prescribed by a medical practitioner.
17. Finally, the Hon’ble Supreme Court established certain principles to
consider while dealing with a case of passing off and to decide the existence
of deceptive similarity. The principles are as follows –
1. To check the:-
• nature of the marks which includes word marks, label marks and
composite marks.
• degree of similarity between such marks which include ideological and
phonetic similarity.
• similarity of nature, performance and character of the goods of both
traders involved.
• of the goods for which they are used as trademarks.
2. To identify the:-
• class of consumers who might buy the goods based on the marks they
require, their intelligence, education and the degree of care they might
employ in buying or consuming such goods.
• mode of purchase when buying such goods.