Search Results for "Trade Marks Act"

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Search Results for "Trade Marks Act"

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Supreme Court

Supreme Court Upholds Union and State in Consumer Protection Rules Challenge, Reversing High Court's Striking Down of Qualification and Procedure Provisions. Rules 3(2)(b), 4(2)(c), and 6(9) of Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of President and Members of State Commission and District Commission) Rules, 2020 Found Not Arbitrary Under Article 14 of Constitution of India, as They Provide Sufficient Guidelines for Appointments to Consumer Commissions.

3 Mar 2023

The Supreme Court addressed appeals by the Ministry of Consumer Affairs, Union of India, and State of Maharashtra against a common judgment and order ...

High Court

Bombay High Court Upholds Interim Injunction in Trademark Infringement Suit Over 'SUKOON OIL' Label — Appellant's Use of 'SUKOON' Label Held Deceptively Similar to Respondent's Registered Trademark.

12 Jan 2018

The respondent-plaintiff, Shafeeque Ahmed Mohammed Sayeed, trading as M/s. Nageena Ayurvedic Pharmacy, filed a suit for infringement of registered tra...

High Court

Bombay High Court Dismisses Petition Challenging Cancellation of Trade Union Registration for Non-Compliance with Audit and Bye-law Requirements under Trade Unions Act, 1926. Industrial Court's order confirming cancellation of registration under Section 10(b) for failure to get accounts audited, maintain proper membership records, and follow bye-laws was upheld.

27 Sep 2016

The petitioner, Solapur District Central Cooperative Bank Employees Union, challenged the order dated 19.07.2016 passed by the Industrial Court, Solap...

High Court

High Court of Karnataka Upholds Injunction in Trademark Infringement Case — 'Cothagiri' Mark Deceptively Similar to 'Cothas'. Defendant restrained from using mark 'cothagiri' for coffee products as it is phonetically and structurally similar to plaintiff's registered trademark 'Cothas'.

14 Sep 2016

The case involves a trademark infringement dispute between two coffee companies. The appellant, M/s Avighna Coffee Pvt. Ltd., was the defendant in the...

High Court

Bombay High Court Dismisses Suit Against Diamond Bourse Suspension — Private Association's Internal Decisions Not Subject to Judicial Review. The court held that the Bharat Diamond Bourse, as a private company, had the right to regulate its membership and premises, and its actions were not amenable to writ jurisdiction or public law remedies.

16 Aug 2016

The plaintiffs, VSM Diamonds Pvt Ltd and three individuals, filed a suit against Bharat Diamond Bourse (BDB), a company incorporated under Section 25 ...

High Court

Karnataka High Court Upholds SC/ST Reservation in Excise Licenses — CL-7D Rules Valid. Amendment to Karnataka Excise (Sale of Indian and Foreign Liquor) Rules, 1968 providing concessional licenses to SC/ST hotel owners is not arbitrary or unconstitutional.

22 Jul 2016

The petitioner, B Govindraj Hegde, Secretary of the Federation of Wine Merchants Association, Karnataka, challenged the vires of the Karnataka Excise ...

High Court

High Court of Karnataka Dismisses Revenue Appeal in Trademark Transfer Tax Case — Capital Gains Tax on Transfer of Trademark 'SHARP' Upheld. The court held that the transfer of a registered trademark along with goodwill and common law rights constitutes a capital asset, and the consideration received is taxable as capital gains under the Income Tax Act, 1961.

18 Dec 2015

The Revenue filed an appeal under Section 260-A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Tribunal (ITAT), Bangal...

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 Plaintiff's Trademark Infringement Suit for ITM Mark Based on Honest and Concurrent User Defence. Defendant's prior and continuous use of identical mark since 1994 established honest and concurrent user under Section 12 of the Trade Marks Act, 1999, defeating claim for injunction.

15 Sep 2014

The plaintiffs, ITM Trust and its trustees, filed a suit for trademark infringement and passing off against the defendant, Educate India Society, alle...

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 ...

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