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Search Results for "descriptive"

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High Court

Bombay High Court Dismisses Plaintiff's Interim Injunction Application in Trademark Infringement Suit Over Descriptive Mark 'OCTRIDE'. Court holds that the mark is descriptive of the active ingredient Octreotide and lacks distinctiveness, and balance of convenience favors the defendant.

4 May 2026

The plaintiff, Sun Pharma Laboratories Limited, filed a commercial IP suit seeking an interim injunction to restrain the defendant, United Biotech Pri...

High Court

Bombay High Court Dismisses Plaintiff's Suit for Trade Mark Infringement and Passing Off Against Defendants Over 'SUNCONTROL' Mark. The Court held that 'SUNCONTROL' is descriptive and not distinctive, and that the plaintiff failed to establish secondary meaning or likelihood of confusion.

12 Jul 2016

The plaintiff, Garware Polyester Limited, filed a suit for trade mark infringement and passing off against 3M Company and 3M India Limited, alleging t...

High Court

Bombay High Court Dismisses Plaintiff's Trademark Infringement Suit for ANTITHYROX and THYROX Against Defendant's LETHYROX. No deceptive similarity found as prefix 'LE' distinguishes marks and THYROX is descriptive of thyroid treatment.

29 May 2013

The Plaintiff, Macleods Pharmaceuticals Limited, filed a suit against Intas Pharmaceuticals Ltd. and another for infringement of their registered trad...

High Court

Bombay High Court Dismisses Sun Pharma's Trademark Infringement Suit Against Sanofi's METOSAN, Finding No Deceptive Similarity with METOSARTAN. The marks are phonetically and visually distinct, and the products differ in composition, negating likelihood of confusion.

24 Oct 2016

The plaintiff, Sun Pharma Laboratories Ltd, filed a suit for trademark infringement and passing off against The Madras Pharmaceuticals and Sanofi Indi...

High Court

Bombay High Court Grants Permanent Injunction in Trademark Infringement Suit — Macleods Pharmaceuticals Ltd. v. Swisskem Healthcare & Anr. — 'PANDERM' and 'POLYDERM+' Held Deceptively Similar. The Court held that the marks are structurally and phonetically similar, and the Defendant's use is likely to cause confusion, especially in medicinal products where a high degree of care is expected.

2 Jul 2019

The Plaintiff, Macleods Pharmaceuticals Ltd., filed a suit for trademark infringement and passing off against the Defendants, Swisskem Healthcare and ...

Supreme Court

Supreme Court Upholds Registration of 'DROPOVIT' Trade Mark in Vitamin Preparation Dispute; Holds No Deceptive Similarity with 'PROTOVIT'. Terminal Syllable 'VIT' Held Common to Trade and Descriptive, and Pharmaceutical Products Sold on Prescription Reduce Likelihood of Confusion under Sections 12(1) and 9(1) of Trade and Merchandise Marks Act, 1958.

8 Sep 1969

The dispute involved a trade mark rectification proceeding under the Trade and Merchandise Marks Act, 1958, between F. Hoffmann-La Roche & Co. Ltd., a...

High Court

Bombay High Court Dismisses Passing Off Claim Over Domain Name 'secondshaadi.com' — Finds 'Shaadi' Generic and Descriptive. Plaintiff's mark 'Shaadi.com' lacks distinctiveness for exclusive use; no likelihood of confusion as 'secondshaadi' denotes a different service.

14 Sep 2016

The Plaintiff, People Interactive (India) Private Limited, owner of the well-known matrimonial website 'Shaadi.com', filed a suit against Vivek Pahwa ...

High Court

Bombay High Court Grants Interim Injunction in Trademark and Copyright Infringement Suit Over Soybean Oil Labels — Deceptive Similarity Established Despite Minor Variations. The court held that the defendant's label for soybean oil was deceptively similar to the plaintiff's registered label mark and artistic work, and granted an interim injunction under the Trade Marks Act, 1999 and the Copyright Act, 1957.

9 Mar 2021

The plaintiff, Sanjay Soya Private Limited, filed a suit for trademark and copyright infringement against the defendant, Narayani Trading Company, all...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit — Plaintiff's Registered Mark 'STREAX' Protected Against Deceptively Similar Mark 'STREAK Street' Used for Hair Products. The court found the defendants' adoption dishonest and the marks phonetically similar, warranting restraint pending trial.

5 Mar 2025

The plaintiff, Hygienic Research Institute Private Limited, filed a suit for trademark infringement and passing off against the defendants, Chandan an...

High Court

Bombay High Court Allows Appeal in Trademark Infringement Case — No Deceptive Similarity Between STIMULIV and STIMULET for Different Pharmaceutical Products. The court held that the mark 'STIMULET' used for an allopathic breast cancer drug does not infringe the registered mark 'STIMULIV' used for Ayurvedic liver medicines due to differences in nature, trade channels, and customers under Section 29(2) of the Trade Marks Act, 1999.

20 Jan 2023

The case involves a trademark infringement and passing off dispute between two pharmaceutical companies. The appellant, Corona Remedies Private Limite...

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