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Search Results for "Trade Well"

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High Court

Bombay High Court Dismisses Appeal in Trademark Dispute Over 'Anna' for South Indian Eateries - Prior User Fails to Establish Infringement Due to Generic Nature of Mark. The court held that the word 'Anna' is generic and cannot be exclusively appropriated, rejecting the claim of trademark infringement and passing off under the Trademarks Act, 1999.

30 Nov 2023

The dispute arose between two eatery owners in Pune over the use of the word 'Anna' in their restaurant names. The Appellant-Plaintiff, Shantapa alias...

High Court

Bombay High Court Dismisses Revision Applications in Specific Performance Suit — Upholds Trial Court's Refusal to Strike Out Pleadings Under Order VI Rule 16 CPC. Court holds that disputed questions of fact regarding readiness and willingness to perform contract cannot be decided at the stage of striking out pleadings and require trial.

19 Mar 2024

The case involves two civil revision applications filed by the defendants (J.P. Realities Pvt. Ltd. and its director Jaiprakash Khushalani, along with...

High Court

Bombay High Court Grants Interim Injunction in Passing Off Action Over Identical Trademark 'LEAKGUARD' — Prior User and Reputation Established by Plaintiff Since 1999. The Court held that the Plaintiffs had made out a strong prima facie case of prior user and reputation, and the balance of convenience was in their favor, warranting an interim injunction.

9 Sep 2015

The Plaintiffs, Pidilite Industries Limited and Hardcastle & Waud Manufacturing Co. Ltd., filed a suit for passing off against the Defendants, Vilas N...

High Court

Bombay High Court Dismisses Plaintiff's Appeal Against Denial of Interim Injunction in Trade Mark Passing Off Dispute, Holding No Prima Facie Case or Balance of Convenience. Phonetic Similarity of 'CHYMTRAL FORTE' to 'CHYMORAL FORTE' Insufficient for Interim Relief Where Drugs are Schedule H Prescription Medicines and Public Interest Favors Affordable Pricing.

17 Nov 2017

The dispute arose from Torrent Pharmaceuticals Limited's claim that Wockhardt Limited and East African (India) Remedies Pvt. Ltd. were passing off the...

High Court

Bombay High Court Allows Writ Petition Challenging Denial of Duty Credit Under Target Plus Scheme — Export House Entitled to Benefit Despite Non-Specification of Input-Output Norms. The court held that the Target Plus Scheme does not require the exported product to be covered by Standard Input-Output Norms (SION) and the denial was arbitrary.

14 Jun 2011

The petitioner, M/s. Essel Mining & Industries Ltd., an Export House recognized by the Director General of Foreign Trade, engaged in the manufacture o...

High Court

Bombay High Court Upholds Tax on Hire Purchase Components Under Bombay Sales Tax Act — Option Money, Insurance, and Hire Premium Included in Sale Price. Hire Purchase Transaction Constitutes a Sale and Resale Deduction Under Section 8 Not Available.

30 Jan 2015

The case involves two sales tax references under the Bombay Sales Tax Act, 1959, arising from the Maharashtra Sales Tax Tribunal. The applicant, M/s. ...

High Court

Bombay High Court Dismisses Petitions Challenging Higher Qualification Clause in Craft Instructor Recruitment — B.E. Degree Holders Eligible Despite Diploma Requirement. Clause 8.1 of Advertisement No. 01/2022 for 1457 Craft Instructor Posts in ITIs is Valid as Higher Qualification in Related Stream Presupposes Knowledge of Lower Qualification.

20 Dec 2024

The case involves two writ petitions challenging a common judgment of the Maharashtra Administrative Tribunal (MAT) dated 10-05-2024 in Original Appli...

High Court

Bombay High Court Allows Leave to Combine Infringement and Passing Off Causes of Action in UltraTech Trade Marks Case. The court held that under Clause 14 of the Letters Patent, a plaintiff can combine infringement and passing off claims when both arise from the same set of facts and the court has jurisdiction over the infringement claim under Section 134(2) of the Trade Marks Act, 1999.

29 Jan 2015

The plaintiffs, Ultratech Cement Ltd. and its parent company, filed a suit alleging infringement of their registered trade marks containing the word '...

High Court

Bombay High Court Dismisses Application to Reject Plaint in Trade Mark Infringement Suit Where Defendant's Mark is Registered. Court Holds That Registration of Defendant's Mark Does Not Bar Suit for Infringement Under Sections 29 and 30 of Trade Marks Act, 1999, and Plaint Cannot Be Rejected Under Order 7 Rule 11 CPC.

13 Jan 2012

The dispute arose from a suit for infringement and passing off filed by the plaintiff, M/s. Siyaram Silk Mills Limited, against the defendants, M/s. S...

High Court

Bombay High Court Allows Pilots' Union to Operate, Quashes Suspension of Registration by Industrial Tribunal. The Court held that the Industrial Tribunal exceeded its jurisdiction under Section 11 of the Trade Unions Act, 1926 by suspending registration and restraining the union from raising industrial disputes, as such powers are not conferred by the Act.

27 Nov 2013

The Petitioner, National Aviators Guild, a trade union registered under the Trade Unions Act, 1926, comprising about 117 pilots of Jet Airways (India)...

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