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Search Results for "trademark"

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High Court

Bombay High Court Allows Substitution of Arbitrator in Arbitration Dispute Over Shareholder and Trademark Agreements — Termination Orders Set Aside for Violation of Natural Justice. The court held that the arbitral tribunal failed to provide reasonable opportunity before terminating its mandate under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, and appointed a substitute arbitrator.

11 Aug 2016

The petitioner, The Comedy Store, a UK company, and the respondent, Horseshoe Entertainment & Hospitality Pvt. Ltd., entered into a Share Subscription...

High Court

Bombay High Court Dismisses Plaintiff's Suit for Trade Mark Infringement and Passing Off Against Defendants Over 'SUNCONTROL' Mark. The Court held that 'SUNCONTROL' is descriptive and not distinctive, and that the plaintiff failed to establish secondary meaning or likelihood of confusion.

12 Jul 2016

The plaintiff, Garware Polyester Limited, filed a suit for trade mark infringement and passing off against 3M Company and 3M India Limited, alleging t...

High Court

Bombay High Court Grants Injunction Against Passing Off and Trade Mark Infringement of 'CARTER'S BLUE' Mark. Defendants' Use of Deceptively Similar Names Despite Conducting Agreement and Registration Constitutes Passing Off.

16 Jun 2016

The plaintiff, Mehboob Khan, sole proprietor of 'Carter's Blue' restaurant, filed a suit for trade mark infringement and passing off against the defen...

High Court

Bombay High Court Dismisses Petition Challenging Civil Court Decree in Copyright Infringement Suit — No Error in Concurrent Findings on Ownership and Infringement of Film 'Barfi'. The court upheld the decree of permanent injunction and damages against the petitioners for unauthorized exhibition of the film, affirming the respondent's ownership under an agreement with the producer.

7 Dec 2015

The petitioners, including M/s UTV Motion Pictures and others, filed a writ petition under Article 227 of the Constitution of India challenging the ju...

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 Grants Interim Injunction in Trademark Infringement Suit Over 'Café Madras' Restaurant Name. The mark 'Café Madras' held to be inherently distinctive and entitled to protection against use by a subsequent restaurant of the same name.

11 Mar 2015

The plaintiffs, the Kamath family, have been running a restaurant named 'Café Madras' in Matunga, Mumbai since 1938. The restaurant has acquired a re...

High Court

Bombay High Court Grants Injunction in Trademark Infringement and Passing Off Suit Over Pharmaceutical Marks OROFER and OROFER-XT vs COROFER and COROFER-XT. Court finds deceptive similarity and rejects acquiescence defense under Section 33 of Trade Marks Act, 1999.

10 Sep 2014

The Plaintiff, Emcure Pharmaceuticals Ltd., filed a suit for trademark infringement and passing off against Corona Remedies Pvt. Ltd., alleging that t...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit Over 'Neel' Mark — Family Dispute Over Use of Mark Between Partnership Firms. Registered Proprietor of Mark 'Neel' Succeeds in Showing Prima Facie Case of Infringement Under Sections 28 and 29 of Trade Marks Act, 1999, and Passing Off, Despite Family Relationship and Alleged Family Arrangement.

24 Jun 2014

The Plaintiffs, partnership firms and individuals, filed a suit for trademark infringement and passing off against the Defendants, alleging unauthoriz...

High Court

Bombay High Court Allows Appeal in Trademark Infringement Case — Restrains Use of 'SAMRAT' Mark for Atta. Registered proprietor of 'SAMRAT' mark in Class 30 entitled to interim injunction against phonetically identical mark for similar goods under Trade Marks Act, 1999.

13 Dec 2013

The appellant, Prakash Agro Industries Ltd., a company engaged in manufacturing and marketing food products including besan, pulses, wheat flour, and ...

High Court

Bombay High Court Dismisses Notice of Motion in Trademark Infringement Suit Due to Delay and Lack of Urgency. Plaintiffs' claim for interim injunction rejected as they failed to establish prima facie case and balance of convenience.

30 Nov -0001

The plaintiffs, Lokhandwala Construction Industries Pvt. Ltd. and Lokhandwala Builders Pvt. Ltd., filed a suit for trademark infringement and passing ...

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