Major Case Studies in India Various cases have come to light before the judiciary related to trade mark infringement. Some of them have been discussed below to understand the topic in detail. • ITC against Cadbury, 2013 In April, 2005, Cadbury filed a ban in the High Court of Ahmedabad against ITC for the use of the Eclairs trademark on the product, Candyman Eclairs. But, the Intellectual Property Appellate Board in November gave the ruling against Cadbury saying that it is not the possessor of three trademarks comprising the name Eclairs. The Board discovered that after the registration of the three trademarks, Chocolate Éclairs, Orange flavored chocolate eclairs and Chocolate Eclairs pop, Cadbury did not actually use them. Though, they claimed It also tried to copy the Horlicks Limited’s label. Horlicks opposed to these activities saying that because it manufactured product for children, they had to meet certain prescribed qualities and standards as per law. They also said that on theor end they always ensured proper hygiene while manufacturing these products. Thus, if Karthik confectionary used the same trademark, then at some point of time they might face the consequences of Karthik Confectionary’s conduct. Thus, they filed a case to restrain Karthik Confectionary from using the trademark. Consecutively, the court passed the order in favor of Horlicks, thus banning Karthik Confectionary from producing and trading the toffees under the Horlicks trademark. .Dr. Reddy's Laboratories Limited versus Manu Kosuri, 2001 Dr Reddy’s was founded in 1984 to carry out the examination and advances in medicine. Since, then it has developed into a big pharmaceutical company. The organization has a well formed network and many divisions in India and around the world. The company registered and has been using the “Dr. Reddy’s” trademark for a long period of time. But, when this case was filed, their registration application was still due and the organization was working with a domain name which was registered, called as "drreddys.com". On the other hand, another company Ltd produces and sells the dental items in India using the trademark “colgate”. The organization is a market leader in the world in the profession of tooth paste and dental products. They applied for registration of this trademark in the year 1954 in India. Thereafter, they have sold their items in cartons of red color which bear the trademark Coalgate in white print. Infact, they have especially designed the trademark using a typical style and size of font. Their trademark has been registered in terms of the usage of the color also since 1959. Thus, since then they enjoy the exclusive right over this
nception and History: 1905: Mr. Claude Hatcher, Father, Reliable the “Union Bottling Works” in Columbus, Georgia in the basement of the wholesale grocery affair of his family. 1910: The roguish body of harvest flavored beverages was named Refined Crown and the sly Fizzy Hard liquor spirits was called Chero-Go off visit. 1912: Something aura a collapse to congregate a bunch of syrups and flavor concentrates and predestined a franchised system by licensing sales territories to its bottlers under trademarks of the Be suitable Chero-Stick out Co. 1925: Unrestraint 300 bottlers were fidelity of the bottling network producing Chero-Bulge. 263 of these bottlers to boot produced the Yield flavored Market under the advanced discredit name Nehi. 1928: The Hordevacillate its name to The Nehi Issue. 1933: Mr. Claud Hatcher died on December 31st. 1934: Chero-Soda pop is reformulated and the new Prudence is named Royal Crown Call. 1940: The Nehi Corporation is listed on the New York accumulate Exchange. 1940: The Making principal uses results of blind taste tests in the Brochure campaign “take it ...
Before Milton Hershey had a world wide known chocolate business, he had a small, not so well known caramel business. Milton Hershey began his chocolate making business in 1893, when his father and him traveled to Chicago to attend a big job fair (Tarshis 14), but it wasn’t until 1900 when Hershey succeed in making the first milk chocolate candy bar (The Hershey Company). Hershey attended an exhibit hall of new and amazing inventions around the world at the fair in Chicago. As Hershey walked into the exhibit hall, he was struck by a delectable smell (Tarshis 14). “Hershey was already a leading candy maker. He had created the largest caramel factory in the country, but he became convinced that the future of his business would be chocolate. At the fair in Chicago, Hershey Bought chocolate-making equipment. He had it shipped back to his caramel factory in Pennsylvania. Then he hired two chocolate makers. Soon the company was churning out chocolate candies in more than 100 shapes” (Tarshis 15).
Product: The company produces a physical good – Cookies/Crackers. In doing this, the company became diversified by the use of several product lines, not just one line of cookie or cracker. Also, in acquiring other businesses, the company thought it best to keep the originating firm’s brand name vice-carrying its name on the new product (i.e., Sunshine company). In thins regard, Sunshine’s Cheeze-It cracker line would not risk losing customers who are accustomed to that logo on the product or the name being used in association with the product.
Cadbury must be able to create or revise a marketing mix that would keep a strong stand in the market against the big competition from Nestle and Hershey who both have very successful campaigns for their chocolate products.
The Coca-Cola Company is one of the world’s leading drink organizations. Its red and white
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
The recent product, liquor filled chocolates, is a viable business that can sell if it is implemented professionally. This recent innovation should be able to acquire attention from the market owing to its combination of selling products. Put simply, the liquor-filled chocolates are chocolates that contain alcohol. According to Novellino (2011), chocolate-candy sales summed up to $16 billion in 2008 in the U.S. Furthermore, the statistics on alcohol reveals that liquor sales hit $19.9 billion in 2011.
Milka is one of Mondelez International Inc. brands and the leading European chocolate. Milka chocolate unique lilac-colored packaging and the famous lilac cow symbolize the brand together with its Alpine heritage. Created by Suchard in 1901, Milka became very quickly the milk chocolate tablets specialist, which is now expanding to more delicious varieties and new products. ("Mondelez international," 2014)
"Food: The History of Chocolate." Birmingham Post 11 Dec. 2004, First ed., Features sec.: 46. Print
In order to understand the situation of Cadbury-Schweppes in the CSD industry, the product, which is soda, needs to be analyzed.
However, this company consists a lot of brand for their all products. For example, Cocopie, Golbean, Mum’s Bake, Lot100, Koko Jelly,
Labeling Anticipated changes in food labeling legislation will determine the manner CC labels its cakes' nutritional content. Expanded labeling information requirements are expected in the future (Seiz, 2005). Strategic objective: CC must increase its knowledge of ingredient composition and related derivatives to provide improved labeling and to protect any allergy-prone customers from harm.
This competitive advantage has been rendered sustainable as other players have found it difficult to catch up with the company's competitive strategy. In spite of this clear advantage, it was noted that the company faces some challenges being the world leader in soft drink distribution. The canning and bottling of the product which is done in many countries have now fallen into the hands of independent companies, thus it becomes hard for a given company to control the quality of the packaging
However, after large amounts of pressure from environmentalists, households and then businesses refusing to stock Cadburys chocolate, Cadburys finally conceded and moved back to the old recipe. The marketing director Matthew Oldham said, ‘At the time, we genuinely believed we were making the right decision, for the right reasons. But we got it wrong. Now we 're putting things right as soon as we possibly can, and hope Kiwis will forgive us’ (CHECK WHEN HE SAID THIS)
Branding experts could not imagine how Olper’s could distance itself from its parent company’s incredibly unappetizing, chemical-laden, and non-edible roots. Yet, by the end of 2006, sales for Olper’s Milk had reached Rs.1 billion (approximately US$ 15 million) and in 2008, the brand has a market share of close to 22 percent—second only to Milk Pak (estimated at 40 percent). The critics had to grudgingly accept that the new entrant to the multi-billion rupee packaged milk category meant business.