Search Results for "Distinctiveness"

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Bombay High Court Dismisses Plaintiff's Interim Injunction Application in Trademark Infringement Suit Over Descriptive Mark 'OCTRIDE'. Court holds that the mark is descriptive of the active ingredient Octreotide and lacks distinctiveness, and balance of convenience favors the defendant.

The plaintiff, Sun Pharma Laboratories Limited, filed a commercial IP suit seeking an interim injunction to restrain the defendant, United Biotech Pri...

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"Supreme Court Affirms Need for Minority Establishment in AMU’s Minority Status Dispute" AMU’s Minority Status Under Scrutiny: Establishment by Legislature Versus Minority Founding Rights

The Supreme Court judgment in Aligarh Muslim University v. Naresh Agarwal & Ors. primarily deals with the issue of minority rights in education, f...

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Trademark Dispute: Examination of Ex-Parte Injunction and Material Disclosure Obligations.

The case concerns a trademark dispute where Dharampal Satyapal Foods Ltd., the defendant, sought to vacate an ex-parte injunction granted to Parle Pro...

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Karnataka High Court Upholds Interim Injunction in Trademark Infringement Case — 'HOTEL SPECIAL' vs 'SVT HOTEL SPECIAL' for Asafoetida. Deceptive Similarity Established Despite Addition of Prefix 'SVT'.

The appellant/defendant, S.V.T Products, challenged an interim injunction order passed by the XVIII Additional City Civil Judge, Bengaluru, in O.S. No...

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Bombay High Court Grants Injunction in Favor of Plaintiff in Trademark Infringement Suit Over STIMULIV vs STIMULET. Marks Held Deceptively Similar Despite Differences in Pharmaceutical Formulation and Therapeutic Use.

The dispute involves two pharmaceutical companies: Franco Indian Pharmaceuticals Pvt Ltd (Plaintiff) and Corona Remedies Pvt Ltd (Defendant). The Plai...

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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.

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

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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.

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