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Search Results for "trademark infringement"

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High Court

Madras High Court Dismisses Writ Petitions Seeking Transfer of Rectification Petitions; Holds Jurisdiction for Rectification Lies with High Court of Appropriate Office. The Court interpreted the definite article 'the' in Sections 47 and 57 of the Trade Marks Act, 1999 to mean the High Court exercising appellate jurisdiction over the relevant Trade Marks Registry, and held that writ jurisdiction under Article 226 cannot be used to transfer rectification petitions when the court lacks statutory jurisdiction.

20 Feb 2025

The petitioner, a private company, filed C.S.(Comm.Div.) No.199 of 2023 before the Madras High Court against several parties including the 5th respond...

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...

Supreme Court

Supreme Court Allows Plaintiff in Commercial Suit for Leave to File Additional Documents Due to Timely Application and Necessity for Just Decision. Court held that plaintiff's application under Order VII Rule 14(3) read with Section 151 of CPC should be permitted as it was filed within 30 days of suit filing under Order XI Rule 1(4) and documents were essential for fair trial in trademark infringement case.

15 Sep 2021

The dispute arose from a commercial suit filed by the plaintiff seeking a permanent injunction against the defendant for trademark infringement relate...

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...

High Court

Bombay High Court Dismisses Suit as Barred by Res Judicata in Trademark Infringement Dispute. Prior Consent Terms and Withdrawal of Earlier Suit Operate as Res Judicata Under Section 11 CPC.

18 Nov 2016

The plaintiffs, Rasiklal Manikchand Dhariwal and others, filed a suit alleging infringement of their registered trademark 'MANIKCHAND' and passing off...

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 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 Trademark Infringement Suit Over Numeral '5000' in Beer Labels — No Deceptive Similarity Found Between 'HAYWARDS 5000' and 'PRESTIGE 5000' or 'FOUR SQUARE 5000'. The numeral '5000' was held to be descriptive of beer strength, not an essential feature capable of exclusive appropriation under the Trade Marks Act, 1999.

5 Apr 2006

The Plaintiffs, Shaw Wallace and Company Ltd. and another, filed a suit for trademark infringement and passing off against Mohan Rocky Spring Water Br...

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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