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Search Results for "trademark infringement"

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High Court

High Court Dismisses Writ Petition in Income Tax Matter Involving India-China DTAA Interpretation. Petitioner's Claim for NIL Withholding Tax Certificate Rejected Due to Pending Assessments and Previous Tax Determinations Under Section 197 of Income Tax Act, 1961.

27 Mar 2026

The dispute involved a Chinese company, Petitioner, which provided technical services to its Indian subsidiary, Benteler India Private Limited, under ...

High Court

Madras High Court Dismisses Appeals Against Interim Injunction in Trademark Infringement Suit — Acquiescence and Forum Shopping Pleas Rejected. The court upheld the Single Judge's order granting interim injunction restraining the use of the mark 'ORBIT' by the appellants, finding that the registered proprietor had established a prima facie case and balance of convenience.

6 Jan 2026

The present Original Side Appeals (OSAs) were filed against the common order dated 24.02.2025 passed by the learned Single Judge in OA.Nos.1 & 2 of 20...

High Court

Madras High Court Dismisses Transfer of Rectification Petitions Under Trade Marks Act; Statutory Rectification Jurisdiction Confined to High Court Exercising Appellate Jurisdiction over Appropriate Registry. Interpretation of Sections 47 and 57 of Trade Marks Act, 1999, and Rule 4 of Trade Mark Rules, 2017, Precludes Exercise of Jurisdiction by High Court Over Entries Made by Another Registry.

20 Feb 2025

The petitioner, a company engaged in trade mark disputes, had filed a civil suit before the Madras High Court (Commercial Division) for infringement a...

High Court

High Court of Karnataka Allows Revision Petition in Trademark Infringement Suit — Sets Aside Trial Court Order Granting Leave to File Additional Written Statement. The court held that inherent powers under Section 151 CPC cannot be used to bypass specific procedural provisions, and allowing additional written statement after framing of issues would cause prejudice to the plaintiff.

7 Jun 2024

The petitioner, M/s BTV Kannada Private Limited, filed a civil revision petition under Section 115 CPC read with Article 215 of the Constitution of In...

High Court

High Court of Karnataka Allows Revision Petition in Permanent Injunction Suit — Plaint Rejected as Barred by Law Under Order VII Rule 11(d) CPC. Non-Disclosure of Cause of Action and Prior Litigation Between Parties Led to Rejection of Plaint as Abuse of Process.

10 Aug 2021

The present case arises from a civil revision petition filed by the defendants (petitioners) against an order of the III Additional Civil Judge, Vijay...

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 Grants Injunction Against Franchisee in EuroKids Trademark Dispute — Franchise Agreement Terminated Due to Non-Payment of Royalty and Breach of Terms. Court Restrains Respondent from Using Petitioner's Trademarks and Operating as Franchisee Pending Arbitration.

1 Jul 2015

The petitioner, EuroKids International Private Limited, filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, s...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over 'RAJDHANI' Mark for Restaurant Services. Prior User of Mark Since 1965 Entitled to Protection Against Subsequent User.

3 Aug 2006

The plaintiff, M/s. Ishwar Bhuvan Refreshments Annexe, a partnership firm, filed a suit for trademark infringement and passing off against the defenda...

High Court

Bombay High Court Dismisses Husband's Second Appeal for Divorce on Ground of Desertion - Res Judicata Bars Subsequent Petition After Earlier Dismissal on Merits. The court held that a second petition for divorce on the ground of desertion is barred by res judicata when the earlier petition on the same ground was dismissed on merits, as the cause of action for desertion is a continuing wrong and the earlier decision operates as res judicata for the period up to the filing of the first petition.

7 Dec 2005

The appellant husband and respondent wife were married on 21 May 1991. After marital discord, the wife left the husband's company in 1992. The husband...

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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