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Search Results for "trademark"

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High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit Involving COVID-19 Vaccine 'COVISHIELD'. The court restrained defendants from using the mark 'COVISHIELD' or any deceptively similar mark for pharmaceutical products, finding a prima facie case of infringement and passing off.

5 Jun 2023

The plaintiffs, Serum Institute of India Pvt. Ltd. and another, filed a suit for trademark infringement and passing off against the defendants, Yohan ...

High Court

Bombay High Court Dismisses Appeal Against Ex-Parte Ad-Interim Injunction in Trademark Infringement Suit — No Material Suppression Found. The court upheld the order granting injunction and appointing Court Receiver, noting that the defendants' subsequent registration does not bar the plaintiff's claim and that the order was time-limited with liberty to apply for variation.

7 Oct 2022

The case involves a commercial appeal by the original defendants against an ex-parte ad-interim order dated 15th September 2022 passed by a single jud...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Contract Dispute. Court holds that balance of convenience and prima facie case did not favor grant of injunction under Order 39 Rules 1 and 2 CPC.

6 Jun 2022

The Appellant, Chitali Bottling Limited, filed a Special Civil Suit No.95 of 2020 before the 19th Joint Civil Judge, Senior Division, Pune, seeking a ...

High Court

Bombay High Court Grants Injunction Against Use of 'RPG' Mark by Defendants in Passing Off and Trade Mark Infringement Suit. The court held that the Defendants' use of 'RPG' as a prominent feature in their trade name was deceptively similar to the Plaintiff's registered marks under the Trade Marks Act, 1999, and likely to cause confusion.

21 Mar 2022

The Plaintiff, RPG Enterprises Limited, a multi-industry Indian conglomerate, filed a suit against the Defendants, Riju Ghoshal and Poulami Ghoshal, f...

High Court

Bombay High Court Grants Interim Injunction Against Dabur in Disparagement and Trademark Infringement Suit Over Amla Hair Oil Advertisements. The court held that the defendant's television commercial disparaged the plaintiff's 'Nihar' amla hair oil by falsely implying inferiority, violating principles of comparative advertising under trademark law.

4 Dec 2019

The plaintiff, Marico Limited, a manufacturer of household brands including 'Nihar' amla hair oil, filed a commercial IP suit alleging that the defend...

Supreme Court

Supreme Court Sets Aside Civil Imprisonment for Contempt of Injunction in Trademark Passing Off Suit — Mere Disobedience Not Enough, Willful Disobedience Must Be Proved. The Court held that under Order XXXIX Rule 2A CPC, contempt requires willful disobedience, and the appellant's explanation for non-removal of a hoarding was acceptable, thus no willful disobedience was established.

22 Jul 2019

The appeal arose from a suit for permanent injunction filed by Mambally's Bakery against U.C. Surendranath, alleging passing off by using the trademar...

High Court

Bombay High Court Grants Injunction Against Trade Mark Infringement and Passing Off in Pharmaceutical Product 'ONCO BCG' - Defendant's Mark 'BCG ONCO' Held Deceptively Similar Despite Common Descriptive Element 'BCG'.

14 Jun 2011

The plaintiff, Serum Institute of India Limited, a pharmaceutical company, filed a suit for trade mark infringement and passing off against Green Sign...

High Court

Bombay High Court Grants Injunction in Quia Timet Action for Passing Off Based on Distinctive Bottle Shape of Vodka. Shape of a bottle can be protected as a trademark or get-up if it has acquired distinctiveness and is likely to cause confusion.

2 May 2011

The plaintiff, Gorbatschow Wodka KG, a German company manufacturing Vodka, filed a quia timet action against John Distilleries Limited alleging that t...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Refer Dispute to Arbitration Under Section 8 of Arbitration and Conciliation Act, 1996 — Joint Venture Agreements Not Signed by Appellant, No Arbitration Agreement Between Parties.

4 Mar 2010

The appeal arose from an order dated 8 April 2004 passed by the learned trial Judge dismissing Notice of Motion No. 778 of 2004, which was an applicat...

High Court

Bombay High Court Grants Injunction Against Continued Use of Trademarks After Licence Expiry — Passing Off Action Maintainable by Partnership Firm Against Company Promoted by Partners. Licence Expiry Terminates Right to Use Trademarks; Injunction Granted Without Appointment of Receiver.

3 May 2005

The plaintiffs, M/s. American Dry Fruit Stores (a partnership firm) and its partners Kishor H. Thakkar and Dilip H. Thakkar, filed a suit against ADF ...

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