Search Results for "Infringement Suit"

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Supreme Court Allows Suit Based on Adverse Possession — Overrules Earlier View That Adverse Possession Can Only Be Used as Shield. Plaintiff Who Has Perfected Title by Adverse Possession Can Sue for Declaration and Protection or Recovery of Possession.

The Supreme Court addressed the question whether a person claiming title by adverse possession can maintain a suit for declaration of title and for pr...

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Bombay High Court Grants Interim Injunction in Copyright Infringement and Passing Off Action Over Television Talent Show Format. Zee Entertainment's 'India's Best Dramebaaz' Concept Found Prima Facie Copied by Sony's 'Drama Company'.

The plaintiff, Zee Entertainment Enterprises Ltd, filed a quia timet copyright infringement and passing off action against Sony Pictures Networks Indi...

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Supreme Court Quashes Division Bench Order in Trade Mark Infringement Suit Due to Non-maintainable Intra-court Appeal. The Single Judge's Order Granting Time to File Affidavit-in-Opposition Was Not a 'Judgment' Under Clause 15 of Letters Patent, Making the Appeal Inadmissible.

The dispute arose from a civil suit filed by the respondent-plaintiff against the appellant-defendants for infringement of the registered trade mark '...

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Supreme Court Quashes High Court Order Expunging Defendant’s Cross-Examination Question in Trademark Suit. Defendant’s Right to Question Plaintiff on Brand Use Timeline Upheld Despite Absence of Written Statement Under Trade Marks Act, 1999.

The dispute arose from a civil suit filed by the respondent (plaintiff) seeking permanent injunction, declaration of exclusive trademark rights under ...

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Bombay High Court Dismisses Appeal Against Temporary Injunction in Trademark Infringement and Passing Off Case. Trial Court's Discretion Upheld as Not Arbitrary or Perverse.

The appeal arises from an order of the trial court granting a temporary injunction in favor of the respondent/plaintiff, M/s Mysore Deep Perfumery Hou...

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Bombay High Court Dismisses Revision Application in Suit for Declaration and Injunction — Order Rejecting Application Under Order 7 Rule 11 CPC Upheld. Plaint Discloses Cause of Action and Is Not Barred by Law Under Order 7 Rule 11 CPC.

The case involves a civil revision application filed by the original defendants (M/s New Shelter Enterprises and its proprietors) challenging an order...

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Bombay High Court Examines Civil Revision Applications Against Trial Court's Refusal to Reject Plaint. Applications Under Order VII Rule 11 of Code of Civil Procedure, 1908 Challenged on Grounds of Limitation and Lack of Cause of Action in Land Ownership Suit.

The litigation arose from a land dispute concerning Survey No.3 (Gut No.28) at village Rahimpur, Tq. and Dist. Nanded. The original plaintiff Babanrao...

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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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Trademark Dispute: Examination of Ex-Parte Injunction and Material Disclosure Obligations.

The case concerns a trademark dispute where Dharampal Satyapal Foods Ltd., the defendant, sought to vacate an ex-parte injunction granted to Parle Pro...