IP Case Law › Trade Marks › ITC Limited v. Nestle India Limited
Relevant Acts and provisions
Trade Marks Act, 1999
Section 30(2)(a)Section 9(1)(b)Section 9(1)(c)
Provisions considered: Sections 9(1)(b), 9(1)(c) and 30(2)(a) of the Trade Marks Act, 1999.
Brief facts
ITC, manufacturer of a brand of instant noodles, sued Nestle India for using a two-word expression on its own noodles packaging, alleging that ITC had coined and popularised the phrase in relation to its noodles and that Nestle's use amounted to passing off and unfair competition.
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Cases cited
- Toyota Jidosha Kabushiki Kaisha v. Prius Auto Industries Ltd., (2018) 2 SCC 1
Authorities referred to in the decision. Please verify each citation in the judgment itself.
Keywords
Descriptive Marks Generic Marks Goodwill Passing Off Secondary Meaning
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