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Bombay High Court Overrules Preliminary Objection to Territorial Jurisdiction in Trademark Suit, Holding Section 134(2) of Trade Marks Act, 1999 Confers Additional Forum. Plaintiff Allowed to Sue Where It Carries on Business Even If Cause of Action Arose Elsewhere.

The case arose out of a suit for perpetual injunction filed by Hindustan Unilever Limited (plaintiff) against Ashique Chemicals and others (defendants...

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Bombay High Court Allows Release of Imported Bearings in IPR Suspension Case — Mandamus Issued for Violation of IPR Rules 2007. Customs Authorities Suspended Clearance Without Confiscation Order or Notice Under Rule 7 of IPR Rules, Violating Principles of Natural Justice.

The petitioners, NBU Bearings Pvt. Ltd. and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court...

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Bombay High Court Grants Interim Injunction in Favor of Plaintiff in Trademark Infringement and Passing Off Suit. Registered Trademark 'SACU-V' for Heart Failure Drug Protected Against Deceptively Similar Mark 'SACV' for Same Composition Pharmaceutical Product.

The Plaintiff, Glenmark Pharmaceuticals Ltd., is engaged in manufacturing and sale of pharmaceutical preparations. It adopted the trademark 'SACU-V' i...

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Bombay High Court Passes Judgment on Interim Application and Contempt Petition Arising from Alleged Violation of Injunction in Trademark Suit. Petitioners Allege Wilful Disobedience of Order Restraining Use of 'Khadi' Mark and Association Name.

The dispute concerned an application under Order XXXIX, Rule 2A of the Code of Civil Procedure, 1908 and a contempt petition arising from alleged wilf...

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Karnataka High Court Hears First Appeal Against Dismissal of Suit for Permanent Injunction and Damages in Software Development Contract. Suit Alleged Breach of Implied Contract by C-DAC Following Public Advertisement for Tamil Language Software Tools.

The appellant, M/s. Applesoft, a software development firm, filed a suit seeking a permanent injunction against the respondents, the Centre for Develo...

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High Court of Karnataka Upholds Injunction in Trademark Infringement Case — 'Cothagiri' Mark Deceptively Similar to 'Cothas'. Defendant restrained from using mark 'cothagiri' for coffee products as it is phonetically and structurally similar to plaintiff's registered trademark 'Cothas'.

The case involves a trademark infringement dispute between two coffee companies. The appellant, M/s Avighna Coffee Pvt. Ltd., was the defendant in the...