Case Study Of Whirlpool Corporation

Decent Essays
IPR Assignment

Appellants: N.R. Dongre and Ors.
Respondents: Whirlpool Corporation and Anr.


The Whirlpool Corporation (“Respondent 1”), is a multi-national company incorporated in U.S.A under the laws of the State of Delaware. TVS Whirlpool Ltd. (“Respondent 2”) is a private limited company incorporated in India in which the Respondent 1 is a majority shareholder. Respondent 1 since 1957 had 2000 trademark registrations all over the world across 65 countries. In 1956, Respondent 1 obtained the trademark registration of “WHIRLPOOL” but in 1977 the trademark registration expired as a result of a failure of renewal.

Seeing the opportunity, Mr. N.R. Dongre and his company filed for an application for registration of trademark ‘Whirlpool’. Thereafter, when the registration application was published, Respondents 1 & 2, under the banner of TVS Whirlpool Ltd. opposed the granting of registration of the trademark. However, the Assistant Registrar of Trade Marks dismissed the claims of TVS Whirlpool Ltd on the following grounds:
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• There would not be any likelihood of any confusion arising if Mr. N.R Dongre and his company is allowed to sell out products bearing the name’ Whirlpool’.
Aggrieved by this decision, TVS Whirlpool Ltd. filed for an appeal against the order of the Assistant Registrar before the Delhi High Court. They filed for a petition under Section 46 and 56 of the Trade Marks Act, 1958 seeking for cancellation of registration of trademark for N.R. Dongre and his
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