News & Events
Trade Mark:Story how “WHIRLPOOL” got back its lost right
DECEMBER 25, 2016 | By : MEGHDUT BHATTACHARYYA
By 1957 ‘WHIRLPOOL’ was a leading trade mark and name in the United States and Canada in relation to washing machines. By 1986 the ‘WHIRLPOOL’ was registered in relation to washing machines and dryers in class 7 as well as for appliances in classes 9 and 11 in more than 65 jurisdictions around the world including most of the commonwealth countries. In 1956-57, they obtained registration for the trade mark ‘WHIRLPOOL’ in India in respect of clothes dryers, washers, dish washers and some other electrical appliances. These registrations were renewed periodically. However, in 1977, the registrations in India lapsed on account of failure to apply for renewal.
On the other hand, another party filed an application on 6.8.1986 with the Registrar for registration of the trade mark ‘WHIRLPOOL’; On 16 10.1988 it was advertised in the trade mark journal On 16.1.1989. Original firm filed a notice of opposition. On 12.8.1992 the Registrar passed an order dismissing the opposition.
Whirlpool Corporation went to Delhi High Court and the order went in favour of Whirlpool Corporation.
Other Party went to Supreme Court. SC upheld following Principles.
1. Trade Mark already used by one company, got registered by another company through deception to obtain economic benefit is a Trade libel and also a PASSING OFF.
2. Injunction is a relief in equity and is based on equitable principles.
Its wise to go for Trademarking…. Its wiser to Protect it when the Brand is established. More >>
Source : aka.support
Know New Chief Justice of India
MARCH 21, 2017 10:00 AM | By : SABYASANCHI DWIVEDI
President of India has appointed Justice JS Khehar as the next Chief Justice of India, He will be the 44th Chief Justice of India. He will be sworn in as CJI on January 4, 2017. Chief Justice of India Justice Thakur had earlier recommended the name of Justice Khehar for the appointment. He would remain in office from January 4, 2017 till August 4, 2017.
His Lordship was born on August 28, 1952. After graduating in science from Government College, Chandigarh in 1974, His Lordship was awarded the LL.B degree by the Panjab University, Chandigarh in 1977, he then acquired the LL. M. qualification from the same University in 1979, for the latter qualification, His Lordship was awarded the Gold Medal for having stood first in the University. More >>
Source : ourlaw.in
Centre Directs Hospitals To Issue Detailed Bills To Patients…
MARCH 15, 2017 10:57 AM | By : APOORVA MANDHANI
The National Pharmaceuticals Pricing Authority (NPPA), under Ministry of Chemicals and Fertilizers, on Tuesday, directed hospitals to issue detailed bills to the patients, specifically and separately mentioning the cost of the Coronary Stents, along with the brand name of the manufacturer and importer, batch number and other details.
Responding to a question in the Lok Sabha, Minister of State for Chemicals & Fertilizers, Road Transport & Highways and Shipping, Mr. Mansukh L. Mandaviya, said that non-compliance of the direction would be treated as deliberate distortion of evidence, along with charges of overpricing inviting prosecution under the Essential Commodities Act.
As per the written submission made by Mr. Mandaviya, the State Governments and State Drugs Controllers are monitoring the availability of stents. More >>
Source : livelaw.in