Search Results for "Prior User"

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Search Results for "Prior User"

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High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over 'RAJDHANI' Mark for Restaurant Services. Prior User of Mark Since 1965 Entitled to Protection Against Subsequent User.

3 Aug 2006

The plaintiff, M/s. Ishwar Bhuvan Refreshments Annexe, a partnership firm, filed a suit for trademark infringement and passing off against the defenda...

High Court

Bombay High Court Dismisses Passing Off Claim by Sun Pharmaceuticals Against Emcure Pharmaceuticals Over Trademarks 'SUSTEN' and 'SUSTINEX' — Marks Held Not Deceptively Similar Despite Prior Use and Pharmaceutical Products. The court found that the differences in spelling, sound, and appearance between 'SUSTEN' and 'SUSTINEX' outweigh the similarities, and the public interest does not justify an injunction where the marks are not deceptively similar under the Trade Marks Act, 1999.

9 Jan 2012

The plaintiff, Sun Pharmaceuticals Industries Limited, filed a suit for infringement and passing off against Emcure Pharmaceuticals Limited, alleging ...

High Court

Bombay High Court Dismisses Appeal Against Injunction in Trade Mark Infringement Suit. Prior user of trade mark 'City Collection' entitled to interim protection despite pending registration under Trade Marks Act, 1999.

28 Feb 2017

The appeal arose from an order of injunction passed in a Trade Mark Suit filed by the respondents (plaintiffs) temporarily restraining the appellant (...

High Court

Bombay High Court Considers Interim Injunction in Commercial IPR Suit Over Title 'LOOTERE' — Plaintiff Claimed Registered Title and Copyright, Defendant Argued No Copyright in Mere Title. The court examined whether mere registration of a film/web series title with producers' associations creates enforceable rights under Copyright Act, 1957, and whether delay and release bar interim relief under Order XXXIX Rules 1 and 2 CPC.

18 Aug 2025

The matter before the Bombay High Court was an interim application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 in a commercia...

High Court

Bombay High Court Grants Interim Injunction in Passing Off Action Over Identical Trademark 'LEAKGUARD' — Prior User and Reputation Established by Plaintiff Since 1999. The Court held that the Plaintiffs had made out a strong prima facie case of prior user and reputation, and the balance of convenience was in their favor, warranting an interim injunction.

9 Sep 2015

The Plaintiffs, Pidilite Industries Limited and Hardcastle & Waud Manufacturing Co. Ltd., filed a suit for passing off against the Defendants, Vilas N...

High Court

Bombay High Court Dismisses Landlord's Revision in Eviction Case Based on Non-User — Tenant's Ill Health Constitutes Reasonable Cause Under Section 16(1)(n) of Maharashtra Rent Control Act, 1999. The court held that the landlord failed to prove that the tenant's non-user of the premises was without reasonable cause, as the tenant's explanation of suffering from paralysis and heart ailment was plausible and unrebutted.

27 Apr 2012

The case involves a Civil Revision Application filed by the landlord, Gopaldas Khushaldas Parmar, challenging the judgment and order dated 21st July 2...

High Court

Madras High Court Allows Rectification of Trademark Registration for 'ABACUS' in Educational Services — Petitioner's Prior Use and Reputation Established. The Court held that the mark 'ABACUS' is descriptive and not inherently distinctive, but the petitioner had acquired secondary meaning through long and extensive use since 1987.

8 Jan 2025

The petitioner, Abacus Montessori School, filed a rectification petition seeking removal of the trademark registration No. 1586733 in Class 41 for 'AB...

High Court

Bombay High Court Allows Appeal in Trade Mark Infringement Case — Continuous Prior Use Not Established by Respondent. Section 34 of Trade Marks Act, 1999 requires continuous use from a date prior to registration; gap in evidence of use after 2013 defeats claim of prior user.

29 Aug 2024

The appellant, Leben Life Science Private Limited, filed a suit for permanent injunction against the respondent, Jarun Pharmaceuticals Private Limited...

High Court

Bombay High Court Dismisses Landlords' Petition in Eviction Suit Based on Non-User and Bonafide Requirement. Tenant's Non-User of Suit Premises for Six Years Held to Be with Reasonable Cause Due to Landlords' Conduct.

5 Jan 2011

The petitioners, landlords of a shop premises, filed a suit for eviction against the respondent tenant on grounds of non-user for six years without re...

High Court

Bombay High Court Dismisses Tenant's Revision Against Eviction Decree in Rent Control Case — Non-User and Bonafide Requirement Established. Tenant failed to occupy suit premises for over six months and landlord proved reasonable bonafide requirement for residence of his son under Sections 16(1)(n) and 16(1)(g) of the Maharashtra Rent Control Act, 1999.

15 Jun 2017

The present Civil Revision Application was filed by the tenant (applicant) under Section 115 of the Code of Civil Procedure, 1908, challenging the con...

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