Search Results for "deceptive similarity"

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Search Results for "deceptive similarity"

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High Court

Bombay High Court Allows Contempt Application Against Respondent for Willful Breach of Injunction Order in Trademark Infringement Suit. Use of 'NOVA MINI' mark and similar artistic work held to be deceptively similar to registered trademark 'NOVA' and artistic work, constituting contempt under Order XXXIX Rule 2A CPC.

13 Jul 2026

The applicant, Dr. Ashok M. Bhat, is the registered proprietor of the trademark 'NOVA' and an artistic work used for brilliantine hair cream. In 2007,...

High Court

Bombay High Court Grants Interim Injunction to Plaintiff in Trademark Infringement and Passing Off Case. The court restrained the defendant from using deceptively similar 'PRINCE' and crown device marks for PVC pipes, finding a strong prima facie case of infringement and passing off.

6 Dec 2024

The plaintiff, Prince Pipes and Fittings Ltd., a Mumbai-based company, has been using the mark 'PRINCE' and a 'crown device' since 1987 for manufactur...

High Court

Bombay High Court Grants Injunction in Trademark Infringement Case: 'ROFOL' vs 'PROFOL'. Prior Registration of 'ROFOL' by Plaintiff in 1992 Entitles Injunction Against Defendant's Deceptively Similar Mark 'PROFOL' Under Section 29 of Trade and Merchandise Marks Act, 1958.

31 Mar 2012

The plaintiff, M/s. Neon Laboratories Limited, filed a suit for infringement and passing off against the defendants, M/s. Medical Technologies Ltd. an...

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 ...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Involving Beer Labels. Plaintiff's mark 'HAYWARDS 5000' held to be infringed by defendant's use of '5000' in similar label, as numeral is an essential feature not descriptive of beer strength.

5 Sep 2011

The plaintiff, Skol Breweries Limited, filed a suit for trademark infringement and passing off against the defendants, Som Distilleries & Breweries Li...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit. Prior adoption and registration of the mark 'KALPA-TARU' by the plaintiffs since 1977 and 2003, and the defendant's subsequent incorporation with a similar name in the same line of business, established a prima facie case for infringement under the Trade Marks Act, 1999.

29 Jul 2011

The plaintiffs, Kalpataru Properties Private Limited and Property Solutions (India) Private Limited, filed a suit seeking a permanent injunction again...

High Court

Bombay High Court Grants Injunction in Trademark Infringement and Passing Off Suit Over 'BADEMIYA' Mark. Plaintiffs' registered trademarks 'BADEMIYA'S' and 'BADEMIYA' in Classes 29 and 42 are infringed by defendant's use of 'BADEMIYAN' for similar food business.

25 Mar 2011

The plaintiffs, a partnership firm and its partners, filed a suit for trademark infringement and passing off against the defendant. The plaintiffs' bu...

High Court

Bombay High Court Dismisses Petition Challenging Injunction in Trade Mark Infringement Suit — 'Aerotide' vs 'Ferotide' Found Deceptively Similar. Phonetic and structural similarity between marks for pharmaceutical products justified interim restraint under Trade Marks Act, 1999.

19 Oct 2010

The petitioner, Ferring Pharmaceuticals Pvt. Ltd., challenged an interim injunction order dated 05.03.2010 passed by the District Judge-3, Ahmednagar,...

High Court

Bombay High Court Dismisses Plaintiff's Trademark Infringement Suit for Lack of Evidence of Use and Passing Off. Marks VIVACITY and VIVZ held not deceptively similar to registered mark VIVA under Trade Marks Act, 1999.

12 Jul 2010

The Plaintiffs, Arviva Industries (India) Ltd., filed a suit seeking an injunction against the Defendants, Vikas M. Tulsian and others, alleging infri...

High Court

Bombay High Court Grants Interim Injunction in Design and Trademark Infringement Suit — Plaintiff's Registered Designs and Trademark Protected Against Alleged Imitation. Court Restrains Defendants from Using Identical or Deceptively Similar Designs and Marks on Kitchen Appliances.

19 Jan 2010

The plaintiff, Maya Appliances Private Ltd., filed a suit and notice of motion seeking interim injunction against Jaipan Industries Limited and others...

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