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Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Action. Plaintiff's prior adoption and use of 'HOM' as acronym for 'House Of Mandarin' in restaurant services established, and defendant's adoption found not honest.

The plaintiff, Indian Express and Commercial Ventures and Projects Private Limited, filed a suit for trademark infringement and passing off against Fu...

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Bombay High Court Directs Cantonment Board and PCMC to Act Against Unauthorised Conversion of Basement Godowns into Bar and Restaurant. Statutory Authorities Cannot Plead Helplessness in Enforcing Law Against Admitted Illegalities.

The Petitioner, a retired Colonel, filed complaints in 2016 to the Cantonment Board, Dehu Road, and the Pimpri Chinchwad Municipal Corporation (PCMC) ...

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Supreme Court Upholds High Court Judgment Setting Aside Appellate Authority Order Under Madhya Pradesh Shops & Establishments Act, 1958. The Court affirmed that clubs not being residential clubs are exempt from the Act under Section 3(j), rendering the Appellate Authority's reinstatement order invalid.

The dispute arose from the termination of services of the appellants, who were employees at a club run by the respondents. The appellants filed a comp...

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Bombay High Court Allows Petition of Restaurant Owner in Legal Metrology Act Applicability Case. Service of Food and Beverages in Restaurant Held Not a Sale of Prepackaged Commodity Under Legal Metrology Act, 2009.

The petitioner, Mars Enterprises and Hospitality Pvt. Ltd., operates a restaurant named 'Pizza by the Bay' in Mumbai. The restaurant provides food, be...

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Bombay High Court Grants Injunction Against Passing Off and Trade Mark Infringement of 'CARTER'S BLUE' Mark. Defendants' Use of Deceptively Similar Names Despite Conducting Agreement and Registration Constitutes Passing Off.

The plaintiff, Mehboob Khan, sole proprietor of 'Carter's Blue' restaurant, filed a suit for trade mark infringement and passing off against the defen...

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Bombay High Court Allows Petitions Challenging Demolition Notices for Hotels/Restaurants in Thane — Municipal Corporation's Action Quashed for Violation of Natural Justice and Lack of Proper Hearing Under Section 478 of the Mumbai Municipal Corporation Act, 1888.

The judgment involves a group of ten writ petitions filed by owners/occupiers of hotels, bars, and restaurants in Thane city, challenging demolition n...

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Karnataka High Court Dismisses Petitions Challenging Service Tax on Renting of Hotels and Restaurants. Sub-clauses (ZZZZV) and (ZZZZW) of Section 65(105) of Finance Act, 1994 as amended by Finance Act, 2011 held to be within legislative competence of Parliament.

The case involves three writ petitions filed under Articles 226 and 227 of the Constitution of India before the Karnataka High Court. The petitioners ...