The plaintiff in this case is a well known Company Pidilite
[popular for Fevicol], they claimed that they had been using the
mark LEAKGUARD since 1999 for solvent cement as a liquid chemical.
The defendants also claimed to have been using the mark LEAKGUARD
for similar/identical products since 2005. The Plaintiff's
applied for registration of the Labelmark containing the words
LEAKGUARD in 2008 and in the year 2009 the defendants too applied
for the registration of the aforementioned mark. It is also
interesting to note that it was in the year 2009 that the plaintiff
gained awareness about the defendant using a similar/identical
mark. Soon after, a cease and desist notice was sent to the
defendants followed by a denial by the defendants and finally, a
suit in 2010. The plaintiffs claimed that since they had been the
prior users of the mark they were the sole proprietors of the mark
LEAKGUARD. The plaintiffs produced invoices from 1999 to show their
use of the mark it was also claimed that the mark had gained
distinctiveness in the sense that the consumers on hearing
LEAKGUARD would automatically be reminded of the plaintiff's
product. The Court upon analyzing the invoices produced by the
plaintiff which show that there has been prior use but the mark in
question is a descriptive one. The Court ruled that with regards to
the passing off action for a descriptive mark it is
necessary to establish that such mark has become distinctive and
acquired a secondary meaning, along with a prior use
claim. The suit was ultimately dismissed by the Court on account of
the plaintiffs' failure to make a prima facie case of passing
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This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
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