IP Case Law › Trade Marks › N.R. Dongre & Ors. v. Whirlpool Corporation & Anr.
Relevant Acts and provisions
Trade and Merchandise Marks Act, 1958
Provisions considered: Passing off action preserved independently of registration under the Trade and Merchandise Marks Act, 1958.
Brief facts
Whirlpool Corporation had used the mark WHIRLPOOL internationally since the 1930s, but its Indian registration had lapsed by non-renewal. Its appliances continued to be advertised in international magazines circulating in India and supplied to select institutional buyers. The appellants obtained registration of WHIRLPOOL in India for washing machines in 1986 and marketed machines under that mark.
Free to read once you are signed in
Read the rest of this case note
The findings, the decision and the principle the court settled on are below. Create a free account to keep reading. No payment, and nothing to cancel.
Already have an account? Sign in
We use your details to give you access and to contact you about your enquiry. See our privacy policy.
Keywords
Goodwill Interim Injunction Passing Off Transborder Reputation Well-known Trade Mark
Read the judgment
More Trade Marks judgments
Trade Marks
Acqua Minerals Limited v. Pramod Borse & Anr.
Registration of a domain name identical or deceptively similar to another's well-known trade mark, by a person having no legitimate connection with that mark and who seeks to profit from its transfer, amounts to bad faith cybersqu…
Bad Faith AdoptionCybersquattingDomain NamesPassing OffTrade MarksADS Spirits Pvt. Ltd. v. The Registrar of Trade Marks
Section 9(1)(a) of the Trade Marks Act, 1999 proscribes registration only where a mark is devoid of distinctive character, that is, incapable of distinguishing the goods or services of one person from those of another; it does not…
Absolute Grounds for RefusalArbitrary MarkDistinctivenessNon-speaking OrderTrade MarksAmazon Seller Services Pvt. Ltd. v. Amway India Enterprises Pvt. Ltd. & Ors.
The Direct Selling Guidelines, 2016, being advisory executive instructions without the force of law, cannot bind e-commerce platforms. Once goods bearing a registered trade mark have been put on the market with the proprietor's co…
E-commerceExhaustion Of RightsIntermediary LiabilityOnline Infringement