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Bombay High Court Upholds Classification of Nescafe Premix as Coffee Under Entry 3 of Schedule C Part II of Bombay Sales Tax Act, 1959. Product 'Coffee and Instant Drinks Nescafe Premix' Held Not Covered by Entry 18(2) (Beverages) Based on Common Parlance Test and Predominant Ingredient.

The case involves a reference under Section 61 of the Bombay Sales Tax Act, 1959, arising from a dispute between the Commissioner of Sales Tax, Mahara...

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Supreme Court Dismisses Manufacturer's Appeal in Trade Tax Exemption Case Under U.P. Trade Tax Act. Exemption Denied as New Product Not Considered Different in Nature Under Diversification Scheme Under Section 4-A(5) of U.P. Trade Tax Act, 1948.

The dispute arose from an appeal by a manufacturer against the denial of trade tax exemption under Section 4-A(5) of the U.P. Trade Tax Act, 1948. The...

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Supreme Court Allows Appeals by States of Karnataka and Kerala in Lottery Tax Dispute — State Legislatures Have Competence to Tax Lotteries Under Entry 62 List II. Regulatory Entry 40 List I Does Not Bar State Taxation of Lotteries Organised by Other States.

The Supreme Court considered appeals by the States of Karnataka and Kerala against judgments of their respective High Courts which had struck down sta...

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Bombay High Court Grants Interim Injunction in Trademark and Copyright Infringement Suit Over 'SUKOON' Mark for Ayurvedic Massage Oil. Plaintiff's Prior Use Since 1993 and Distinctive Label Establish Prima Facie Case for Injunction Against Defendant's Identical Mark.

The plaintiff, Shafeeque Ahmed Mohammad Sayeed, trading as M/s. Nageena Ayurvedic Pharmacy, filed a suit against the defendant, Ansari Bilal Ahmadlal ...

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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 Dismisses Petition Challenging Injunction in Trade Mark Infringement Suit — 'Aerotide' vs 'Ferotide' Found Deceptively Similar. Phonetic and structural similarity between marks for pharmaceutical products justified interim restraint under Trade Marks Act, 1999.

The petitioner, Ferring Pharmaceuticals Pvt. Ltd., challenged an interim injunction order dated 05.03.2010 passed by the District Judge-3, Ahmednagar,...