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High Court

Bombay High Court Grants Injunction Against YouTuber for Disparaging Marico's Products in Video Review. Court holds that false and malicious statements in product reviews can constitute disparagement, and interim injunction can be granted even if defendant is not a competitor.

15 Jan 2020

The plaintiff, Marico Limited, a company manufacturing and selling various consumer products including hair oils and foods, filed a suit against the d...

High Court

Bombay High Court Dismisses Interim Injunction Applications in Trademark Infringement and Passing Off Suits — No Prima Facie Case for Confusion Between 'Manugraph' and 'Simarq' or 'Ezeego' and 'La Travenues'. The court held that the marks are not deceptively similar and the goods/services are different, thus no interim relief is warranted under the Trade Marks Act, 1999.

15 Jun 2016

The judgment involves two suits for trademark infringement and passing off. In Suit No. 516 of 2013, the plaintiff Manugraph India Limited sought to r...

High Court

Bombay High Court Upholds IPAB Order Expunging Trademark 'Creative' for Deceptive Similarity in Travel Services. Petitioner's mark 'Creative Tours & Travels' held deceptively similar to respondent's registered mark 'Creative Travel', causing confusion among consumers under Section 9(2)(a) of the Trade Marks Act, 1999.

4 May 2016

The petitioner, Creative Tours & Travels (India) Private Limited, filed a writ petition under Article 226 of the Constitution of India challenging an ...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit Involving 'Kalpataru' Mark. The plaintiff, a well-known real estate developer, successfully restrained the defendants from using the mark 'Kalpataru' for their housing project, as it was deceptively similar to the plaintiff's registered and well-known trademark.

9 Jun 2015

The plaintiff, Kalpataru Properties Pvt. Ltd., a builder and developer established in 1975, has used the mark 'Kalpataru' as an integral part of its c...

High Court

Bombay High Court Dismisses Plaintiff's Trademark Infringement Suit for ITM Mark Based on Honest and Concurrent User Defence. Defendant's prior and continuous use of identical mark since 1994 established honest and concurrent user under Section 12 of the Trade Marks Act, 1999, defeating claim for injunction.

15 Sep 2014

The plaintiffs, ITM Trust and its trustees, filed a suit for trademark infringement and passing off against the defendant, Educate India Society, alle...

High Court

Bombay High Court Grants Temporary Injunction Against Defendant in Trademark Infringement and Passing Off Case. Plaintiff's Registered Mark 'RISO' for Rice Bran Oil Protected Against Deceptively Similar Mark 'RISOLITE' Under Trade Marks Act, 1999.

9 May 2014

The Plaintiff, Kamani Oil Industries Pvt. Ltd., filed a suit against Bhuwaneshwar Refineries Pvt. Ltd. seeking a perpetual injunction for trademark in...

High Court

Bombay High Court Grants Decree in Favour of Plaintiff in Trademark Infringement and Passing Off Action — Defendant's Mark 'EASY WASH' Held Deceptively Similar to Plaintiff's Registered Mark 'EZEE' for Liquid Detergent.

25 Feb 2013

The Plaintiff, Godrej Consumer Products Limited, filed a suit for trademark infringement and passing off against Alchemy Biotech Private Limited. The ...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit Based on Prior Use and Consent Award. The court restrained the defendants from using a deceptively similar trademark, holding that the plaintiffs' registered mark and prior use established a prima facie case.

26 Apr 2011

The plaintiffs, Surat Goods Transport Pvt. Ltd. and others, filed a suit for trademark infringement and passing off against Total Logistics India Pvt....

High Court

Bombay High Court Partially Allows Appeal in Trademark Infringement and Passing Off Case — Copyright Claim Dismissed Due to Lack of Originality. The court held that slavish imitation of another's mark does not qualify as an original artistic work under the Copyright Act, 1957, but upheld the injunction for trademark infringement and passing off under the Trade Marks Act, 1999.

18 Mar 2011

The appeal arose from an order of a single judge granting interlocutory reliefs in a suit for trademark infringement and passing off. The respondents,...

High Court

Bombay High Court Allows Appeal in Patent and Trademark Infringement Case — Finds No Prima Facie Case for Injunction. Court holds that patent for method and apparatus does not extend to product, and trademark registration is subject to opposition, thus no interim injunction warranted.

29 Mar 2010

The appeal arises from an order dated 19.11.2009 in Notice of Motion No.3709 of 2009 in Suit No.2576 of 2009, whereby the trial court granted an inter...

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