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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 Action. Plaintiff's prior adoption and use of 'HOM' as acronym for 'House Of Mandarin' in restaurant services established, and defendant's adoption found not honest.

The plaintiff, Indian Express and Commercial Ventures and Projects Private Limited, filed a suit for trademark infringement and passing off against Fu...

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Bombay High Court Allows Petitions Challenging Rejection of Refund Applications Under Maharashtra Stamp Act. Refund of Stamp Duty on Deemed Cancellation of Agreements for Sale Allowed Where Agreements Were Not Registered and No Instrument of Cancellation Was Executed.

The Petitioners, Qwik Supply Chain Pvt Ltd and another, filed two Writ Petitions challenging the orders dated 07.03.2015 and 08.02.2018 passed by the ...

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Supreme Court Dismisses Insurer's Appeal, Upholds Appointment of Arbitrator in Insurance Claim Dispute. Discharge Voucher Signed Under Protest and Coercion Does Not Bar Arbitration Under Section 11(6) of the Arbitration and Conciliation Act, 1996.

The case involves an appeal by The Oriental Insurance Co. Ltd. against a Bombay High Court order appointing an arbitrator under Section 11(6) of the A...

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High Court of Karnataka Appoints Arbitrator in Commercial Lease Dispute — Failure to Nominate Arbitrator Despite Arbitration Clause. Court held that under Section 11(6) of the Arbitration and Conciliation Act, 1996, where a party fails to appoint an arbitrator, the court may appoint one.

The petitioner, Satyam Cineplexes Limited, a company engaged in managing multiplex cinema halls, entered into a Memorandum of Understanding (MOU) on 1...

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Bombay High Court Dismisses Admiralty Suit for Suppression of Facts and Abuse of Process — Arrest of Vessel Set Aside with Return of Security. Plaintiff suppressed filing of proceedings in Hong Kong and China, leading to dismissal of suit and release of security.

The plaintiff, Sinoriches Enterprises Co. Ltd., filed Admiralty Suit No.76 of 2011 in the Bombay High Court seeking a decree and arrest of the vessel ...

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Bombay High Court Partially Sets Aside Arbitration Award Against Guarantors in Cooperative Bank Dispute — Guarantors Not Liable for Enhanced Credit Facility Without Their Consent. Guarantor Liability Cannot Be Extended Beyond Original Guarantee Under Section 34 of Arbitration and Conciliation Act, 1996.

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common undated arb...