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Search Results for "trademark registry"

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High Court

Bombay High Court Hears Cross-Petitions Under Section 34 of Arbitration and Conciliation Act, 1996 to Set Aside Parts of Arbitral Award on Partnership Trademark Ownership. Clause 6 of 2003 Partnership Deed Excluded Trademarks, Goodwill, and Name from Partnership Assets, Vesting Them Exclusively in Two Individuals.

6 May 2015

The Bombay High Court heard two cross-petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, arising from an arbitral award d...

High Court

Bombay High Court Dismisses Interlocutory Application in Trademark Infringement Suit Over 'CHERI' vs 'MULTI CHERRY' — Preliminary Issue Under Section 9A CPC Pending. The court declined to hear the ad-interim application due to procedural bars: the Appeal Court's order in the Clause XIV leave appeal and the Defendants' application for a preliminary issue on jurisdiction under Section 9A CPC.

24 Jun 2015

The Plaintiffs, Indchemie Health Specialties Pvt. Ltd., filed a suit for trademark infringement and passing off against Intas Pharmaceuticals Ltd. and...

High Court

High Court of Karnataka Allows Appeal Against Ex-Parte Injunction in Trademark Infringement Suit — Non-Compliance with Order XXXIX Rule 3(a) CPC Renders Injunction Invalid. The court held that the trial court's order issuing suit summons and notice on I.A.No.3 after the plaintiff failed to comply with Order XXXIX Rule 3(a) CPC within 30 days was unsustainable.

6 Jan 2017

The respondent/plaintiff, Mavalli Tiffin Rooms, filed a suit for permanent injunction against the appellant/defendant, HMS Host Services India Pvt. Lt...

High Court

Bombay High Court Division Bench Hears Appeal Against Single Judge's Refusal of Interim Injunction in 'Netromycin' v. 'Netmicin' Trade Mark Dispute. The appeal challenges the finding that the marks are not deceptively similar and that surrounding circumstances negate confusion, raising questions about the correct test for deceptive similarity in pharmaceutical trademarks.

8 Oct 2010

The dispute arose from a civil suit filed by Schering Corporation and Fulfort (India) Limited (appellants) against United Biotech (P) Ltd. and Oscar R...

High Court

Bombay High Court Partly Allows Appeal in Trademark Infringement Case — Restrains Defendant from Using Deceptively Similar Mark 'Shubhlaxmi Chiwda Mahalaxmi'. The Court modified the interim injunction to allow the defendant to use 'Shubhlaxmi Chiwda' with a blue background, subject to an undertaking, while restraining the use of 'Mahalaxmi'.

3 Sep 2024

The present Commercial Appeal from Order was filed by the appellant (original defendant) challenging the judgment and order dated 17th February 2023 p...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Interim Injunction in Trademark 'Covishield' Passing Off Dispute. Cutis Biotech failed to establish prima facie case of passing off as the mark 'Covishield' is descriptive and not exclusively associated with the appellant.

20 Apr 2021

The dispute concerns the trademark 'Covishield'. The appellant, Cutis Biotech, a sole proprietorship, filed a suit in the Commercial Court at Pune see...

High Court

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.

30 Apr 2024

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...

High Court

Bombay High Court Dismisses Contempt Petition for Lack of Willful Disobedience in IP Infringement Case. Court finds that the alleged new label/trade dress of the respondents was not identical or deceptively similar to the petitioner's FEVICOL MR artistic work, bottle, and glue pens, and thus did not violate the consent decree.

13 Aug 2024

The petitioner, Pidilite Industries Ltd., filed a contempt petition against the respondents, Premier Stationery Industries Pvt. Ltd. and others, alleg...

High Court

Bombay High Court Dismisses Summary Judgment Application by ITC in Copyright and Passing Off Suit — Plaintiff's Claims Not Frivolous or Vexatious, Require Trial. The court held that the test for summary judgment under Order XIII-A CPC is stringent and that triable issues existed regarding copyright subsistence and passing off.

11 Jan 2022

The present Interim Application was filed by the Defendant, Indian Tobacco Company (ITC), seeking dismissal of the Plaintiff's claims for copyright in...

High Court

High Court of Karnataka Allows Revision Petition in Trademark Infringement Suit — Sets Aside Trial Court Order Granting Leave to File Additional Written Statement. The court held that inherent powers under Section 151 CPC cannot be used to bypass specific procedural provisions, and allowing additional written statement after framing of issues would cause prejudice to the plaintiff.

7 Jun 2024

The petitioner, M/s BTV Kannada Private Limited, filed a civil revision petition under Section 115 CPC read with Article 215 of the Constitution of In...

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