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Search Results for "trademark"

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High Court

Bombay High Court Dismisses Petitioner's Challenge to TDS Demand in Trademark Acquisition Case Due to Alternate Remedy. Court holds that the writ petition under Article 226 is not maintainable when an efficacious remedy of appeal under Section 253 of the Income-tax Act, 1961 is available, without adjudicating on the merits of the territoriality principle or limitation.

23 Sep 2024

The petitioner, Hindustan Unilever Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 23 August 202...

High Court

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.

11 Jul 2023

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

High Court

Bombay High Court Upholds Temporary Injunction in Trademark Infringement and Passing Off Case. Trial Court's Discretion Not Found Arbitrary or Perverse in Restraining Use of Deceptively Similar Mark 'Shriphal'.

9 Oct 2020

The appeal arises from an order of the trial court granting a temporary injunction in favor of the respondent/plaintiff, M/s Mysore Deep Perfumery Hou...

High Court

Bombay High Court Quashes Criminal Proceedings Against MakeMyTrip Officials in Trademark Infringement Case — Domain Name Dispute Lacks Criminal Intent. Court holds that mere registration of similar domain names without evidence of dishonest intention does not constitute criminal offence under Sections 63, 103, 104 of the Trade Marks Act, 1999.

16 Aug 2019

The case involves three criminal applications filed by Rajesh Dalal (Vice President), Make My Trip India Pvt. Ltd., and Deep Kalra (CEO) seeking quash...

High Court

Bombay High Court Dismisses Appeal in Trademark Infringement Case — No Interim Relief Granted for Alleged Deceptive Similarity Between 'DEXORANGE' and 'LUPINEXORANGE'. The court held that the marks were visually and phonetically distinct, and the appellant failed to establish a prima facie case for interim injunction.

10 Feb 2017

The appellant, Franco-Indian Pharmaceuticals Pvt. Ltd., filed an appeal against an order of the learned Single Judge refusing to grant interim relief ...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Case Involving Pharmaceutical Marks LOX and XYLOX. Court finds prima facie that Defendants' XYLOX marks are deceptively similar to Plaintiff's LOX family of marks, and that the defence of common origin or acquiescence is not made out.

16 Sep 2014

The Plaintiff, Neon Laboratories Ltd., filed a suit for trademark infringement and passing off against Themis Medicare Ltd. (Defendant No. 1) and Ciro...

High Court

Bombay High Court Dismisses Section 9 Petition for Appointment of Court Receiver in Partnership Dispute — Petitioner Failed to Establish Strong Prima Facie Case for Interim Relief. Court held that disputes regarding partnership accounts and alleged mismanagement must be resolved through arbitration, not by appointing receiver at interim stage.

22 Aug 2014

The petitioner, Minochar @ Minoo Aspandyar Irani, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking appointment o...

High Court

Bombay High Court Upholds Injunction Against Appellant in Trademark Infringement and Passing Off Case — Similar Trade Dress Found Deceptively Similar Despite Different Word Marks. The court held that the essential features of the appellant's label were deceptively similar to the respondent's registered label, justifying an interlocutory injunction under the Trade Marks Act, 1999 and the Copyright Act, 1957.

20 Aug 2013

The appeal arose from an interlocutory injunction granted by a Single Judge of the Bombay High Court in a suit filed by Sopariwala Exports (the first ...

High Court

Bombay High Court Allows Transfer of Suits in Trademark Dispute from Kopargaon to Nagpur for Convenience of Parties and Witnesses. The court held that the balance of convenience favors transfer under Section 24 CPC where all parties and witnesses are based in Nagpur and the subject matter is connected to Nagpur.

7 May 2013

The judgment concerns two Misc. Civil Applications filed by Nagpur Distillers Pvt. Ltd. and Vidarbha Distillers seeking transfer of three suits (Suit ...

High Court

Bombay High Court Grants Permanent Injunction in Trademark Infringement Case - Ranbaxy Laboratories Ltd. v. Cherryb Pharma. The court held that the defendant's use of the mark 'REWITAL' was deceptively similar to the plaintiff's registered mark 'REVITAL' and amounted to infringement and passing off under the Trade and Merchandise Marks Act, 1958.

27 Oct 2005

The plaintiff, Ranbaxy Laboratories Limited, filed a suit for permanent injunction against the defendant, Cherryb Pharma, under the Trade and Merchand...

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