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Bombay High Court Restrains Defendant from Using Similar Trademark in Instant Adhesive Case. Affirms Likelihood of Confusion Between 'FEVIKWIK' and 'KWIKHEAL' Based on Overall Similarity of Marks and Trade Dress.

The plaintiff, Pidilite Industries Limited, a leading manufacturer of adhesives and sealants, filed a suit against Poma-Ex Products and others for tra...

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Bombay High Court Dismisses Petition Challenging Allotment of New Retail Outlets by Oil Corporations Near Petitioner's Existing Petrol Pump. No Legal Right to Monopoly or Protection from Competition in Petroleum Retail Business.

The petitioner, Digambar Mawal Patil, is a dealer of Indian Oil Corporation Limited (IOCL) running a petrol pump at Jalna Road, Sultanpur, District Bu...

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Bombay High Court Considers Interim Injunction in Trade Mark Passing Off Dispute Involving 'Ajanta' Toothpaste. The Court Examines Claims of Prior Use Where Plaintiffs Alleged Sales from June 2002 and Defendants from December 2002.

Background: The dispute concerned the use of the trade mark 'Ajanta' for toothpaste. The plaintiffs claimed to be prior users of the mark for non-medi...

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Bombay High Court Allows Petition of Disabled Employee Against Private Company for Violation of Persons with Disabilities Act, 1995. Employer Directed to Re-Employ or Pay Compensation for Hearing Loss Acquired Due to Unsafe Work Environment.

The petitioner, Shree Satish Prabhakar Padhye, a person with hearing disability, filed a writ petition under Article 226 of the Constitution of India ...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit by 'VOGUE' Magazine Owner Against 'JUST IN VOGUE' Retail Services. Well-Known Mark 'VOGUE' Protected Against Use for Dissimilar Services Under Section 29(4) of Trade Marks Act, 1999.

The Plaintiffs, Advance Magazine Publishers, Inc. and its subsidiary, are the proprietors and users of the trademark 'VOGUE' in respect of magazines a...

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Bombay High Court Dismisses Writ Petition Challenging Renewal of Kerosene Licence for Lack of Locus Standi. Competitor's Business Interest Not Sufficient to Confer Standing to Challenge Licence Renewal Under Essential Commodities Act, 1955.

The petitioner, Rajendra Agrawal, a semi-wholesale kerosene dealer, filed a writ petition challenging an order dated 15.9.2010 passed by the Honourabl...

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Bombay High Court Dismisses LPG Distributor's Challenge Against Discontinuation of Home Delivery Charges Beyond Contract Territory. Principle of Legitimate Expectation Cannot Be Invoked Against Statutory Policy or When No Representation Was Made by the Authority.

The petitioner, M/s Jay Gas Agency, a proprietorship firm represented by Sneha Vilas Kulkarni, was appointed as an LPG distributor by Hindustan Petrol...

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Bombay High Court Allows Auction Purchasers' Petition in SARFAESI Act Case Due to Overriding Effect of Section 26E Over MVAT Act. Property Purchased in SARFAESI Auction Held Free from Prior Sales Tax Attachment Under Section 38C of MVAT Act.

The petitioners, Shailesh K. Bothra and Mukesh C. Karwa, were auction purchasers of a property sold by Cholamandalam Investment & Finance Co. Ltd. (pe...

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Karnataka High Court Hears Appeal Against Dismissal of Suit Alleging Deceptive Similarity in Beer Trade Marks. Plaintiff Claims 'Hercules Black Label' Infringes 'Kalyani Black Label'.

The High Court of Karnataka at Bangalore heard an appeal filed by United Breweries Ltd (plaintiff) against the judgment and decree of the XXV Addition...