Search Results for "structural similarity"

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Bombay High Court Grants Permanent Injunction in Trademark Infringement Suit: Sun Pharma's 'SUN' Mark Protected Against 'ABSUN'. Deceptive similarity established as dominant feature 'SUN' is common; addition of prefix 'AB' insufficient to distinguish under Section 29(2)(b) of Trade Marks Act, 1999.

The plaintiff, Sun Pharmaceutical Industries Ltd., filed a suit seeking a permanent injunction to restrain the defendant, Satej M. Katekar, proprietor...

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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...

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Bombay High Court Dismisses Injunction in Trademark Infringement and Passing Off Suit — No Deceptive Similarity Between 'Palm Grove' and 'Royal Palms' Hotels. Plaintiff's use of 'Palm Grove' always in combination with 'Ramada' and delay disentitled it to interim relief.

The Plaintiff, Palm Grove Beach Hotels Pvt. Ltd., owned and operated a mid-range hotel in Juhu, Mumbai, under the name 'Ramada Plaza Palm Grove' (prev...

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Bombay High Court Upholds Interim Injunction in Trade Mark Infringement Suit — 'SUPER MOR CHHAP' Held Deceptively Similar to 'MOR CHHAP'. Registration and Prior Use of 'MOR CHHAP' for Lime Plaster Entitled Plaintiff to Protection Under Trade and Merchandise Act, 1958.

The plaintiff, Sunil Manikchand Kasliwal, filed a suit for trade mark infringement against the defendant, Rahul Uttam Suryavanshi, alleging that the d...

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Bombay High Court Grants Injunction Against Passing Off and Trade Mark Infringement of 'CARTER'S BLUE' Mark. Defendants' Use of Deceptively Similar Names Despite Conducting Agreement and Registration Constitutes Passing Off.

The plaintiff, Mehboob Khan, sole proprietor of 'Carter's Blue' restaurant, filed a suit for trade mark infringement and passing off against the defen...

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Bombay High Court at Goa Allows Writ Petition Challenging Demolition Notice for Violation of Natural Justice. Demolition Order Set Aside as Issued Without Show Cause Notice or Hearing, Despite Alleged Unauthorized Construction in Heritage Precinct.

The petitioners, Raul Aires Fernandes and John Aires Fernandes, filed a writ petition challenging a demolition notice dated 30 March 2016 issued by th...