Search Results for "Trade Dress"

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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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Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit — KYK Mark and Trade Dress Protected. Leave under Clause XIV of Letters Patent granted to combine causes of action for infringement and passing off.

The plaintiffs, Mohtimbas Engineering Pvt. Ltd. (Plaintiff No.1, an Indian stockist and distributor) and a Taiwanese manufacturer (Plaintiff No.2), fi...

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Bombay High Court Holds Defendant Guilty of Contempt for Willful Disobedience of Injunction in Copyright and Passing Off Case. Defendant's Continued Use of Deceptively Similar Trade Dress Despite Court Order Constitutes Contempt Under Order 39 Rule 2-A CPC.

The Plaintiff, Cargil India Private Limited, a subsidiary of Cargil Inc., is engaged in the business of edible oils and holds copyright in the packagi...

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Bombay High Court Dismisses Appeal Against Injunction in Trade Mark Infringement Suit. Prior user of trade mark 'City Collection' entitled to interim protection despite pending registration under Trade Marks Act, 1999.

The appeal arose from an order of injunction passed in a Trade Mark Suit filed by the respondents (plaintiffs) temporarily restraining the appellant (...

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Bombay High Court Grants Injunction Against Eris Lifesciences in Trademark Infringement Case. Phonetic Similarity Between 'NEBISTAR' and 'NEBISTOL' Leads to Restraint Order Under Trade Marks Act, 1999.

The Plaintiff, Lupin Limited, filed a suit alleging that the Defendants, Eris Lifesciences Pvt. Ltd. and others, were infringing its registered tradem...

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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.

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...