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Supreme Court Quashes Criminal Proceedings Against Respondents Under Drugs and Cosmetics Act Due to Lack of Mandatory Enquiry Under Section 202 CrPC -- Misbranding Allegations Fail on Jurisdictional Grounds

The Supreme Court addressed criminal appeals arising from a complaint under the Drugs and Cosmetics Act, 1940, alleging misbranding of a vaccine by th...

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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 Grants Injunction Against Defendant in Trade Mark Infringement and Passing Off Case — Use of Plaintiff's Embossed Bottles for Country Liquor Constitutes Infringement of Registered Mark 'TANGO PUNCH' Under Trade Marks Act, 1999.

The plaintiff, Brihan Karan Sugar Syndicate Private Limited, and the defendant, South Konkan Distilleries, both manufacture and sell country liquor. T...

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Bombay High Court Grants Interim Injunction Against Trademark Infringement in Favor of Plaintiff. Passing Off Claim Deferred Due to Pending Rectification Proceedings Under Section 124 of Trade Marks Act, 1999.

The plaintiffs, Hem Corporation Pvt. Ltd. and three individuals (erstwhile partners of a firm), filed a suit for trademark infringement and passing of...

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Bombay High Court Grants Injunction in Trademark Infringement Case Involving Beer Brands 'Haywards 5000' and '50000'. The court held that the numeral '5000' is an essential feature of the plaintiff's mark and that the defendants' mark '50000' is deceptively similar, leading to likelihood of confusion.

The plaintiff, Skol Breweries Limited, filed a suit for infringement and passing off against the defendants, Fortune Alcobrew Pvt. Limited and Hindust...

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Bombay High Court Allows Appeal in Patent and Trademark Infringement Case — Finds No Prima Facie Case for Injunction. Court holds that patent for method and apparatus does not extend to product, and trademark registration is subject to opposition, thus no interim injunction warranted.

The appeal arises from an order dated 19.11.2009 in Notice of Motion No.3709 of 2009 in Suit No.2576 of 2009, whereby the trial court granted an inter...