...Gorbatschow Wodka KG. vs. John Distilleries Ltd.; 1990 (RPC) 341 Reckitt & Colman Products Ltd. vs. Borden Inc. & Ors.; 1998 (74...

.... Prima Plastics Ltd., (1999) 101 (1) Bom.L.R 65; in the case of Gorbatschow Wodka Kg…Plaintiff; v. John Distilleries Ltd...registration. The learned single Judge of this Court in the case of Gorbatschow Wodka Kg…Plaintiff; v. John Distilleries Ltd.…Defendant. (supra...Gorbatschow Wodka Kg…Plaintiff; v. John Distilleries Ltd.…Defendant. (supra), for making the design of a party to be capricious there has to be some element of novelty and uniqueness in...

...Gorbatschow Wodka KG vs. John Distilleries Limited, 2011 (47) PTC 100, where a Single Judge of the Bombay High Court, highlighting the importance of shape of the products sold by... Gorbatschow Wodka KG (supra), defendant's counsel submitted that in the said decision it had been held that the concerned design was distinctive in nature, whereas there is no...decision in Gorbatschow Wodka KG (supra); the relevant paragraph thereof is produced hereunder: "22. The test is whether the shape that has...

...Judgments of this Court in Gorbatschow Wodka Kg…Plaintiff; v. John Distilleries Ltd.…Defendant. 2011 (47) PTC 100 (Bom.) and Faber-Castell...

...Chandrachud, J. as he then was) also considered this issue in Gorbatschow Wodka Kg…Plaintiff; v. John Distilleries Ltd.…Defendant. 2011 4...relies. In Gorbatschow Wodka KG, Chandrachud J. held that the test is whether the shape adopted by the plaintiff is ‘capricious’, meant purely to give the article a distinctive appearance and...

...the broad features. Reliance is also placed on the case of Gorbatschow Wodka KG. Vs. John Distilleries Ltd., 2011 (4) MhLj..., their packaging and combination of colour" 20. The Bombay High Court in the case of Gorbatschow Wodka KG. Vs...Indian market costs about `500/- per Kg. However, gift packed aromatic organic teas cost upto `20,000/- per Kg. The tea packaged and 5...

...offered.”9. The Full Bench also approved the decision of the Bombay High Court in Gorbatschow Wodka KG v. John Distilleries Ltd...

...Gorbatschow Wodka Kg v. John Distilleries Ltd., (2011) 4 Mah LJ 842.f. Reliance was also placed on the judgment in the case...Gorbatschow Wodka Kg v. John Distilleries Ltd. (supra) appears to be misplaced. Since this Court has compared the rival trademarks as a whole, the reliance placed on behalf...

... 2003 (27) PTC 478 (Del), and Gorbatschow Wodka KG Vs. John Distillers Limited...of the other with a view to encash upon the goodwill and reputation of the latter". 12. In Gorbatschow (supra), it was the shape of the...defendants shoes would go to their exclusive stores-thereby eliminating any possibility of any confusion. Mr. Sibal submits that in Gorbatschow (supra), the...

...to 260).32.2 A single Judge of the Bombay High Court in the case of Gorbatschow Wodka KG v. John Distilleries Ltd2011...Lever Ltd. and Gorbatschow Wodka v. John Distilleries Ltd.34. On various issues raised we may crystallize our opinion as follows.(i) A plaintiff could institute a...the defendant in which he asserted that the shape of its Wodka bottles was distinctive and formed an intrinsic part of its goodwill and reputation. The grievance of the plaintiff apparently was that...

...lighters of the plaintiff company.11. In Gorbatschow Wodka KG v. John Distilleries Limited, 2011 (47) PTC 100(Bom), the...

...Limited vs R. K. Dhawan & Anr.4 and Gorbatschow Wodka KG vs John Distilleries Limited,5 the latter for its finding that there was no bona fide explanation in adopting so close a design of a bottle...

...) Gorbatschow Wodka Kg…Plaintiff; v. John Distilleries Ltd.…Defendant. (2011 (47) PTC 100 (Bom.));vi) Faber...

...would have to follow. I need only refer to the observations of this Court in Gorbatschow Wodka Kg v. John Distilleries Ltd...

...then was) also considered this issue in Gorbatschow Wodka KG v John Distilleries Ltd.11He reiterated the well settled principles that a Court must have due....13I only note this because Kemp and Company is a decision on which Mr. Kane relies. In Gorbatschow Wodka KG, Chandrachud J held that the test is whether the shape...

...Gorbatschow Wodka KG Vs. John Distilleries Limited wherein a similar question arose for consideration. The plaintiff in that case claimed...

...Wodka Kg…Plaintiff; v. John Distilleries Ltd.…Defendant. of Motion No. 3463 of 2010 decided on 2 May, 2011), more particularly Paragraph No. 24 thereof, which reads as under:-“24. The...other hand Mr. Kadam relied on the judgment of the learned Single Judge of this Court (Dr. D.Y Chandrachud, J.) in the case of Gorbatschow...

.... ……”22. Bombay High Court in a judgment rendered in Gorbatschow Wodka Kg v. John Distilleries Ltd. No. 3046 of 2010 decided on...

...judgment reported in CDJ 2011 BHC 473, (Gorbatschow Wodka Kg…Plaintiff; v. John Distilleries Ltd.…Defendant...

...Laboratories Pvt Ltd & Anr., 2002 (24) Petitioner 26 (Bom) (DB). 10 Gorbatschow Wodka KG v John Distilleries Ltd...