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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over HAMON Mark. Plaintiff's registered trademark 'HAMON' found to be infringed by Defendant's use of 'HAMON COOLING' and 'HCS HAMON COOLING' in trade and corporate name.

The Plaintiff, John Cockerill Hamon SA, filed a Commercial IP Suit alleging infringement and passing off of its registered trademark 'HAMON' by the De...

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Bombay High Court Stays Tender Process for DPD Transport Solution — Transporters' Association and Importer Challenge Monopolistic Selection. Interim Order Prevents JNPT from Proceeding with Tender for Selection of Five Transporters, Protecting Existing Rights Pending Final Hearing.

The dispute arose from a tender notice dated 23 March 2017 issued by the Jawaharlal Nehru Port Trust (Respondent No. 2) for selection of transporters ...

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Bombay High Court Quashes Reassessment Order in MVAT Case Due to Limitation and Lack of Natural Justice. Inter-State Stock Transfer Not a Sale Under MVAT Act, 2002; Reassessment Beyond 4-Year Limitation Period Invalid.

The petitioner, M/s. United Spirits Limited, a company engaged in the manufacture and sale of alcoholic beverages, filed a writ petition challenging a...

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Supreme Court Dismisses Home Loan Borrower's Appeal Against HDFC in Interest Rate Dispute — Adjustable Rate of Interest Determined by Lender's Policy, Not RBI's Prime Lending Rate. Pre-contractual Assurance Cannot Override Express Terms of Loan Agreement Under Consumer Protection Act.

The appellant, a home loan borrower, filed a consumer complaint against HDFC Ltd. alleging that the bank had unilaterally increased the interest rate ...

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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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Supreme Court Considers Includability of Bought-Out Items in Assessable Value of CKD Boilers. Appeal Under Section 35L(1)(b) of Central Excise Act, 1944 Challenges CESTAT Order Holding That Essential Parts Delivered at Site Must Be Included in Transaction Value for Duty Assessment.

The Supreme Court heard statutory appeals under Section 35L(1)(b) of the Central Excise Act, 1944 against the common final order of the Customs, Excis...

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Bombay High Court Dismisses Union of India's Challenge to Settlement Commission Order Classifying Motor-home Under CTH 87.02. Settlement Commission Has Jurisdiction to Interpret Tariff Classification Under Customs Act, 1962.

The Union of India filed a writ petition challenging an order dated 28.07.2008 passed by the Customs and Central Excise Settlement Commission, Additio...

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Madras High Court Adjudicates Trademark Opposition Over 'Big Bite' Mark in Class 30. Court Considers Application of Prior User Test and Relevance of Trans-Border Reputation Under Trademarks Act, 1999.

The appeals were filed under Section 91 of the Trademarks Act, 1999 against a common order dated 18.7.2014 by the Deputy Registrar of Trade Marks. The...

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Bombay High Court Grants Temporary Injunction in Trademark Infringement Case — 'EVANOVA' vs 'ECONOVA' for Pharmaceutical Products. Marks Held Deceptively Similar Under Section 29 of Trade Marks Act, 1999.

The Plaintiff, Charak Pharma Pvt. Ltd., filed a suit against Glenmark Pharmaceuticals Ltd. seeking a perpetual injunction restraining the Defendant fr...