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Bombay High Court Grants Interim Injunction Against Former Employees and Transporter for Design Infringement and Passing Off of Copper Tubes. Registered Designs under Designs Act, 2000 held valid and infringed by identical products.

The plaintiff, Mandev Tubes Pvt Ltd, a manufacturer of copper tubes since 1964 with an annual turnover of Rs. 11 crores, filed a suit alleging design ...

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Bombay High Court Dismisses Appeal Against Refusal of Anti-Arbitration Injunction in Facilitation Deed Dispute. Court Holds That Arbitral Tribunal Has Competence to Decide Validity of Underlying Agreement Under Section 45 of the Arbitration and Conciliation Act, 1996.

The appeal arises from a commercial dispute between MSM Satellite (Singapore) Pte Ltd. (Sony) and World Sport Group (Mauritius) Limited (WSG) concerni...

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Bombay High Court Grants Interim Injunction Against Trademark Infringement and Passing Off in Beer Product Dispute. Plaintiff's registered trademark 'HAYWARDS 5000' held to be deceptively similar to Defendant's 'COX 5001', warranting protection pending trial.

The plaintiff, Sabmiller India Limited, filed a suit seeking a permanent injunction against the defendant, Jagpin Breweries Ltd., for infringing its r...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit by 'VOGUE' Magazine Owner Against 'JUST IN VOGUE' Retail Services. Well-Known Mark 'VOGUE' Protected Against Use for Dissimilar Services Under Section 29(4) of Trade Marks Act, 1999.

The Plaintiffs, Advance Magazine Publishers, Inc. and its subsidiary, are the proprietors and users of the trademark 'VOGUE' in respect of magazines a...

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Bombay High Court Overrules Preliminary Objection to Territorial Jurisdiction in Trademark Suit, Holding Section 134(2) of Trade Marks Act, 1999 Confers Additional Forum. Plaintiff Allowed to Sue Where It Carries on Business Even If Cause of Action Arose Elsewhere.

The case arose out of a suit for perpetual injunction filed by Hindustan Unilever Limited (plaintiff) against Ashique Chemicals and others (defendants...

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Supreme Court Allows Regulatory Appeal on Trial Forum under Securities and Exchange Board of India Act, 1992. Procedural Amendment to Section 26 by the 2002 Amendment Act Held Retrospective, and All Pending Trials for Pre-2002 Offences Must Proceed Before Special Court as per the 2014 Amendment.

The Supreme Court addressed a batch of appeals and writ petitions concerning the correct forum for trial of offences under the Securities and Exchange...

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Supreme Court Upholds Union of India in Section 17A Challenge — Prior Approval Requirement for Investigating Public Servants is Constitutionally Valid. Read Down to Mandate Independent Screening; Lokpal to Approve for Covered Public Servants.

The writ petition was filed by the Centre for Public Interest Litigation challenging the constitutional validity of Section 17A of the Prevention of C...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over 'Café Madras' Restaurant Name. The mark 'Café Madras' held to be inherently distinctive and entitled to protection against use by a subsequent restaurant of the same name.

The plaintiffs, the Kamath family, have been running a restaurant named 'Café Madras' in Matunga, Mumbai since 1938. The restaurant has acquired a re...