D. THE KIRLOSKAR CASE
“Kirloskar” is a surname in India. The plaintiffs in this case adopted this term as part of their trade name and trademark in 1888 when they started a small bicycle repair business. The business grew and in 1920 the founders converted their company into a public limited company. Over time, they expanded their business and incorporated several companies. The “Kirloskar Group of Companies” had continuously used the trade name and trademark KIRLOSKAR over several years to denote quality, and the mark had acquired distinctiveness, reputation, and goodwill.
In this case before a District Judge in Pune, the plaintiffs complained that the defendants had been using the trademark KIRLOSKAR as part of their corporate name and that such use amounted to passing off. It was also alleged that the defendants’ adoption of this mark was in bad faith because one of the defendants had worked for the plaintiffs at one point in time and had even been involved in the plaintiffs’ image-building campaign. After the District Judge issued an interim order enjoining the defendants from using the corporate name KIRLOSKAR, the defendants appealed before the High Court of Bombay.
In their appeal, the defendants argued that the nature of the parties’ respective businesses was different and, therefore, there was no likelihood of confusion or deception. The defendants further denied that KIRLOSKAR had any reputation or that it was used by many companies in the “Kirloskar Group of Companies.” They argued that being a surname, any person with that surname including the defendants was entitled to use it. The plaintiffs, who were respondents in the appeal, on the other hand, argued that a trade name’s exclusive reputation was entitled to prote...
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...er by the defendants is likely to cause not only deception in the minds of ordinary customers but may also cause injury to the plaintiff company. . .”
The Court’s findings were, therefore, based on two factors, first being deception of the public, and second dilution of the plaintiff’s goodwill and reputation in the mark HONDA.
G. THE WHIRLPOOL CASE
The plaintiff, Whirlpool had not subsequently registered their trade mark after the registration and used to sell their machines in the Us embassy in India and also advertised in a number of international magazines having circulation in India. However, the defendant started using the mark on its washing machines. After an action was brought against them, the Court held that the plaintiff had an established ‘transborder reputation’ in India and Hence the defendants were injuncted from using the same for their products.
Primrose claimed about the incident at Wal-Mart Stores, INC., that they were trying to cause any kind of harm to her. Based on the evidence that had been provided to the court have proved that the signs was clear enough to be seen by everyone around the area at that time. Moreover, Wal-Mart did not asking her to go around the display in order for her to transported the watermelon. The Judges thinks that the incident would not happened if Ms.Primrose can move her shopping cart closer so it would be easier for her to transferred the watermelon. Therefore, the Judges are agreed with the trial court’s decision to grant the defendant their motion for summary judgment, after it had been proven that the display was open and obvious to be seen by everyone and there’s no sign of any risk or mean to harm anyone. Also, Ms. Primrose was failed to prove her’s argues that she claimed above to support her liability to La. R.S. 9:2800.6, the Judges cannot impose any enforcement or duty upon the defendant. In conclusion, the three assignments of error cannot be
Liability in restitution with disgorgement of profit is an alternative to liability for contract damages measured by injury to the promisee.” (2011)
The Oklahoma courts rejected the defendants’ arguments that it did not have jurisdiction over this case and found all defendants liable for the plaintiff’s injury. The U.S. Supreme Court granted the petitions for certiorari filed by Seaway and World-Wide Volkswagen.
Prospect to create brand name and consideration towards new market who are comprised of high scholars’ specifically
... decision also brings suspiscion about whether or not if things go south is he going to take any accountability. In conclusion, this case truly represents the use of unauthorized practice of law.
Federal Commerce & Navigation Co Ltd v Tradax Export SA (The Maratha Envoy) [1978] AC 1
The aim of this essay is to critically discuss how the law of passing off and trade mark law have common roots and therefore are, in many respects, similar. I will begin with a short brief history of trade mark law and the law of passing off. I move on to discuss the similarity between trade mark law and the law of passing off with reference to relevant case law and statutes. Although, passing off and trade mark law deal with overlapping factual situations, s 2(2) of the Trade Mark Act 1994 maintains passing off as a separate cause of action. When a trade mark is threatened by the actions of third parties the proprietor will bring an action for both passing off and trade mark infringement which both share many similarities. However, they are
Judge Flud wrote the majority decision in the case, and found that Carlton was not personally liable for the damages to Walkovszky. Flud also found that in his reasoning, Walkovsky has ?failed to state a valid cause of action against defendant Carlton?. Flud states that if the corporation ...
Intellectual property protection has become increasingly popular in the last century. Many factors have probed interest in this area of the law. A few of those factors include musicians seeking protection of their musical talents through use of copyrights, companies seek to protect inventions of advanced production capabilities, companies create trademarks that differentiate their unique goods from competitors, and companies like Coca-Cola protect their undisclosed ingredients for their products through use of trade secrets. These examples are to gain an understanding of how and why intellectual property rights help companies seek advantages in the marketplace. Furthermore, as the world shrinks because of advancements in transportation and computer technology, intellectual property rights become a large part of entrepreneurship and product development. This paper will discuss the interesting and challenging topic of intellectual property protection. The four basic types of intellectual property include copyrights, patents, trademarks and trade secrets; we will discuss the intellectual properties in the order in which they are listed.
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Over the years, many companies such as scrabble, Tylenol, Channel, Louis Vuitton and even Polo Ralph Lauren (PRL) Corporation have had to fight to protect their intellectual property. By looking more specifically into Polo Ralph Lauren, a fashion company that offers a range of products from clothing to home furnishings, this paper will explore trademark laws and how these laws could be advantageous one hand and limit one group and limit business abilities on another.
People move away from their extended families, and traditions can fade, which is why it is important to have a trademark that easily identifies your ...
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