Search Results for "Trade Marks Registry"

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Bombay High Court Considers Transfer Application Under CPC Section 24 in Trademark Infringement Suit — Maintainability of Interim Application Questioned. Registrar of Trade Marks' Status as Subordinate Court Under CPC and Proper Forum for Transfer Application Examined.

The matter concerns an application for transfer of trademark rectification proceedings from the Registrar of Trade Marks to the Bombay High Court, to ...

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High Court of Karnataka Dismisses Writ Petition in Trademark Infringement Case, Upholds Trial Court's Refusal to Stay Suit Pending Rectification. Civil Court Has Concurrent Jurisdiction to Decide Infringement and Validity of Trademark Under Section 124 of Trade Marks Act, 1999.

The petitioners, M/s. Sri Laxmi Balaji Industries and M/s. Sri Laxmi Vinayaka Rice Industries, filed a writ petition under Articles 226 and 227 of the...

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Supreme Court Validates Sub-Classification of Scheduled Castes in Landmark Judgment. Upholding Equality Within Equality: Supreme Court Endorses State's Power to Sub-Classify Scheduled Castes for Targeted Reservation.

The Supreme Court of India, in a significant ruling, has upheld the constitutionality of sub-classifying Scheduled Castes for the purpose of reservati...

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Bombay High Court Continues Ex-Parte Injunction in Copyright and Trademark Infringement Suit Over ATYATI Device Mark. The Court found no suppression by the Plaintiff and held that the Defendants' adoption of a deceptively similar logo without explanation warranted continuation of the injunction.

The present suit was filed by the Plaintiff, a company engaged in IT solutions, alleging infringement of its copyright in the ATYATI device mark, infr...

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Bombay High Court Allows Release of Imported Goods in Trademark Dispute, Directs Customs to Not Withhold Clearance Based on Pending Civil Suit. Customs Authorities Cannot Refuse Clearance Solely Due to Private Trademark Dispute; Remedy Lies in Civil Court Under Trade Marks Act, 1999.

The petitioners, UPS Sales and Suzhou Dake Machinery Company Ltd., imported goods under Bill of Lading No. EXSH2310608. The customs authorities (respo...

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Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit — KYK Mark and Trade Dress Protected. Leave under Clause XIV of Letters Patent granted to combine causes of action for infringement and passing off.

The plaintiffs, Mohtimbas Engineering Pvt. Ltd. (Plaintiff No.1, an Indian stockist and distributor) and a Taiwanese manufacturer (Plaintiff No.2), fi...

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Bombay High Court Allows Writ Petition Seeking Mandamus for Trade Mark Hearing. Registrar directed to fix hearing for 'CMA' mark application under Trade Marks Act, 1999 as examination report was not communicated.

The petitioner, The Institute of Cost Accountants of India, a body corporate under the Institute of Cost and Works Accountants Act, 1959, filed a writ...

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Bombay High Court Dismisses Defendants' Notice of Motion to Set Aside Injunction in Trademark Infringement Suit. Court holds that Order XXXIX Rule 4 CPC cannot be used as a review mechanism and that the word 'NATURAL' is descriptive but may acquire distinctiveness through secondary meaning.

The plaintiffs, Siddhant Ice Creams Pvt. Ltd. and two others, filed a suit for trademark infringement, passing off, and copyright infringement against...