Search Results for "exclusive marks"

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Search Results for "exclusive marks"

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Supreme Court

Supreme Court heard cross-appeals from NCLAT order partly reversing NCLT’s finding on trademark ownership during CIRP; cross-appeal challenged NCLT’s jurisdiction to determine title under Section 60(5) IBC.

1 Jan 1970

The dispute originated in the corporate insolvency resolution process of Fort Gloster Industries Limited (corporate debtor), which was admitted into C...

High Court

Bombay High Court Upholds Arbitrator's Interim Injunction in Franchise Dispute Over Trademark Use. Negative Covenant in Franchise Agreement Restrains Use of Mark Containing 'Kamats' After Termination.

27 Jul 2017

The dispute arose out of a franchise agreement dated 24 March 2011 between Deepak Thorat (Petitioner) and Vidli Restaurant Ltd. (Respondent), with Vit...

High Court

Bombay High Court Dismisses Interim Injunction in Copyright Infringement and Passing Off Suit — Generic Religious Symbols Lack Originality. Artistic works depicting deities and religious symbols held not original under Copyright Act, 1957, as they are common to trade and generic.

1 Apr 2015

The plaintiffs, Pranda Jewelry Pvt. Ltd. and others, filed a suit for copyright infringement and passing off against Aarya 24 kt and others, alleging ...

High Court

Bombay High Court Allows Appeal in Copyright Infringement Case Over Liquor Labels — No Substantial Similarity Found Between 'Prince Santra' and Defendant's Label. The court held that the labels were not substantially similar and that the plaintiffs failed to prove infringement under the Copyright Act, 1957.

21 Sep 2005

The case involves an appeal by the original defendants, The Brihan Maharashtra Sugar Syndicate, against a judgment of the Additional District Judge, P...

High Court

Bombay High Court Dismisses Plaintiff's Interim Injunction in Trademark and Copyright Infringement Suit Due to Suppression of Material Facts. Plaintiff's Conduct of Suppressing Prior User and Earlier Litigation Disentitles It to Equitable Relief Under Trade Marks Act, 1999 and Copyright Act, 1957.

29 Sep 2015

The suit was filed by ITC Limited against NTC Industries Ltd. for trademark and copyright infringement and passing off in relation to cigarettes and t...

High Court

Bombay High Court Considers Transfer Application Under CPC Section 24 in Trademark Infringement Suit — Maintainability of Interim Application Questioned. Registrar of Trade Marks' Status as Subordinate Court Under CPC and Proper Forum for Transfer Application Examined.

30 Jun 2026

The matter concerns an application for transfer of trademark rectification proceedings from the Registrar of Trade Marks to the Bombay High Court, to ...

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...

High Court

Bombay High Court Upholds Interim Injunction in Passing Off Case — 'Spring Orchid' School Restrained from Using 'Orchid' in Name. The court found that the respondent's service mark 'The Orchid School' had acquired reputation since 2004 and the appellant's adoption of 'Spring Orchid' was deceptively similar, causing likelihood of confusion among students and parents.

17 Oct 2018

The respondent, Pradnya Niketan Education Society, runs 'The Orchid School' in Baner, Pune, established in 2004 and affiliated to CBSE. It registered ...

High Court

Bombay High Court Grants Interim Injunction in Design Infringement Suit — Whirlpool's Registered Designs for Washing Machine Held Prima Facie Valid and Infringed by Videocon's 'Pebble' Model. The Court found that the Defendant's product was a clear imitation of the Plaintiff's registered designs, and the Plaintiff made out a strong prima facie case for protection.

27 May 2014

The Plaintiff, Whirlpool of India Ltd., a subsidiary of Whirlpool Corporation, filed a suit for design infringement against Videocon Industries Ltd. T...

High Court

High Court of Karnataka Considers Appeal Against Discretionary Order Refusing Interim Injunction in Passing Off Suit — Visual Wrapper Similarity and Ordinary Purchaser Test Examined. Court Examines Whether Emphasis on Dissimilarities Rather Than Similarities Amounted to Error of Principle.

28 Sep 2021

The present appeal arose from a suit for passing off and copyright infringement filed by ITC Limited (plaintiff) against CG Foods (India) Private Limi...

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