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Search Results for "unregistered trademark"

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High Court

Bombay High Court Allows Appeal in Trademark Infringement Case — No Deceptive Similarity Between STIMULIV and STIMULET for Different Pharmaceutical Products. The court held that the mark 'STIMULET' used for an allopathic breast cancer drug does not infringe the registered mark 'STIMULIV' used for Ayurvedic liver medicines due to differences in nature, trade channels, and customers under Section 29(2) of the Trade Marks Act, 1999.

20 Jan 2023

The case involves a trademark infringement and passing off dispute between two pharmaceutical companies. The appellant, Corona Remedies Private Limite...

High Court

Bombay High Court Upholds Temporary Injunction in Trademark Infringement and Passing Off Case. Trial Court's Discretion Not Found Arbitrary or Perverse in Restraining Use of Deceptively Similar Mark 'Shriphal'.

9 Oct 2020

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...

High Court

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.

9 Oct 2020

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...

High Court

Bombay High Court Dismisses Interim Injunction Applications in Trademark Infringement and Passing Off Suits — No Prima Facie Case for Confusion Between 'Manugraph' and 'Simarq' or 'Ezeego' and 'La Travenues'. The court held that the marks are not deceptively similar and the goods/services are different, thus no interim relief is warranted under the Trade Marks Act, 1999.

15 Jun 2016

The judgment involves two suits for trademark infringement and passing off. In Suit No. 516 of 2013, the plaintiff Manugraph India Limited sought to r...

High Court

Bombay High Court Upholds IPAB Order Expunging Trademark 'Creative' for Deceptive Similarity in Travel Services. Petitioner's mark 'Creative Tours & Travels' held deceptively similar to respondent's registered mark 'Creative Travel', causing confusion among consumers under Section 9(2)(a) of the Trade Marks Act, 1999.

4 May 2016

The petitioner, Creative Tours & Travels (India) Private Limited, filed a writ petition under Article 226 of the Constitution of India challenging an ...

High Court

High Court of Karnataka Allows Writ Petition in Trademark Infringement Case — Order Rejecting Rejection of Plaint Set Aside. The court held that the trial court erred in dismissing the application under Order 7 Rule 10 CPC for return of plaint, as the suit lacked cause of action within its territorial jurisdiction.

26 Jun 2015

The petitioner, M/s. Tata SIA Airlines Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order da...

High Court

Bombay High Court Grants Interim Injunction Against Trademark Infringement and Passing Off in Beer Product Dispute. Plaintiff's registered trademark 'HAYWARDS 5000' held to be deceptively similar to Defendant's 'COX 5001', warranting protection pending trial.

6 Feb 2014

The plaintiff, Sabmiller India Limited, filed a suit seeking a permanent injunction against the defendant, Jagpin Breweries Ltd., for infringing its r...

High Court

Bombay High Court Allows Transfer of Suits in Trademark Dispute from Kopargaon to Nagpur for Convenience of Parties and Witnesses. The court held that the balance of convenience favors transfer under Section 24 CPC where all parties and witnesses are based in Nagpur and the subject matter is connected to Nagpur.

7 May 2013

The judgment concerns two Misc. Civil Applications filed by Nagpur Distillers Pvt. Ltd. and Vidarbha Distillers seeking transfer of three suits (Suit ...

High Court

Bombay High Court Dismisses Appeal Against Injunction in Trademark Infringement Case. 'ULTRATUFF' Held Deceptively Similar to 'ULTRATECH CEMENT' Under Trade Marks Act, 1999.

18 Nov 2011

The respondent-plaintiff, Ultratech Cement Limited, filed a suit for trademark infringement and passing off against the appellants-defendants, Alaknan...

High Court

Bombay High Court Dismisses Petitions Challenging Rejection of Application to Reopen Evidence in Civil Suit. Trial Court's Discretion Under Order 18 Rule 17 CPC Upheld as Defendants Had Sufficient Opportunity to Cross-Examine Witness.

25 Aug 2011

The petitioners, who were the original defendants in Special Civil Suit No.74/2010 pending before the Second Joint Civil Judge, Satara, filed four wri...

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