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Search Results for "descriptive"

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High Court

Bombay High Court Grants Interim Injunction in Passing Off Action — Medley Pharmaceuticals Ltd. v. Khandelwal Laboratories Ltd. — Trade Mark CEFO v. CEFI. The court found that the marks CEFO and CEFI are deceptively similar, especially in the pharmaceutical context, and granted temporary injunction under Section 27 of the Trade and Merchandise Marks Act, 1958.

27 Sep 2005

The plaintiff, Medley Pharmaceuticals Ltd., filed a suit for passing off against Khandelwal Laboratories Ltd. seeking interim injunction to restrain t...

High Court

Bombay High Court Grants Interim Injunction in Trademark and Copyright Infringement Suit Over 'SUKOON' Mark for Ayurvedic Massage Oil. Plaintiff's Prior Use Since 1993 and Distinctive Label Establish Prima Facie Case for Injunction Against Defendant's Identical Mark.

26 Oct 2016

The plaintiff, Shafeeque Ahmed Mohammad Sayeed, trading as M/s. Nageena Ayurvedic Pharmacy, filed a suit against the defendant, Ansari Bilal Ahmadlal ...

High Court

Bombay High Court Upholds Injunction Against Appellant in Trademark Infringement and Passing Off Case — Similar Trade Dress Found Deceptively Similar Despite Different Word Marks. The court held that the essential features of the appellant's label were deceptively similar to the respondent's registered label, justifying an interlocutory injunction under the Trade Marks Act, 1999 and the Copyright Act, 1957.

20 Aug 2013

The appeal arose from an interlocutory injunction granted by a Single Judge of the Bombay High Court in a suit filed by Sopariwala Exports (the first ...

High Court

Bombay High Court Grants Permanent Injunction in Trademark Infringement and Passing Off Suit — 'HAYWARDS 5000' v. 'COX 5001'. The court held that the Defendant's mark 'COX 5001' is deceptively similar to the Plaintiff's registered marks 'HAYWARDS 5000' and 'FIVE THOUSAND', constituting infringement under Section 29 of the Trade Marks Act, 1999 and passing off under Section 135.

8 Dec 2025

The Plaintiff, Anheuser Busch Inbev India Ltd., filed a commercial suit seeking a permanent injunction restraining the Defendant, Jagpin Brewerise Lim...

High Court

Bombay High Court Allows Revenue's Appeal on DEPB Sale Profits and Export Deduction Computation. The Court held that the entire amount received on sale of DEPB entitlements is chargeable under Section 28(iiid) of the Income Tax Act, 1961, and that freight and insurance costs are not to be excluded from direct costs for computing deduction under Section 80HHC.

7 Jul 2010

The appeal by the Revenue under the Income Tax Act, 1961, raised four substantial questions of law concerning the treatment of profits from the sale o...

High Court

High Court of Karnataka Quashes Show Cause Notice in Legal Metrology Case — Use of 'Angula' in Advertisement Not a Violation of Section 11(1)(c) of Legal Metrology Act, 2009. The expression 'angula' in a chocolate advertisement was held to be a descriptive term for a small measurement, not a unit of length under the Act.

16 Jan 2013

The petitioner, Cadbury India Ltd., a manufacturer of chocolates, filed a writ petition under Articles 226 and 227 of the Constitution of India challe...

High Court

Bombay High Court considers interim injunction in passing-off suit over 'iTerm' mark for online insurance policies. Court examines whether 'iTerm' is inherently distinctive or has acquired secondary meaning under common law of passing off, and plaintiff's challenge to defendant's use of 'Aviva i-Term Smart'.

19 Aug 2019

The plaintiff, Aegon Life Insurance Company Limited, instituted a suit for passing off against Aviva Life Insurance Company India Limited, seeking an ...

Supreme Court

Supreme Court Dismisses Insurance Claim in Consumer Dispute Over Deterioration of Stock Policy. Claim Rejected as Insured's Admission of Proper Temperature Maintenance Triggered Policy Exceptions Excluding Liability if Temperature Did Not Exceed 4.4°C.

24 Jan 2022

The appeal originated from a judgment of the National Consumer Disputes Redressal Commission dated 14 August 2018 in Consumer Case No 37 of 2010. The ...

High Court

Bombay High Court Dismisses Defendants' Notice of Motion to Set Aside Injunction in Trademark Infringement Suit. Court holds that Order XXXIX Rule 4 CPC cannot be used as a review mechanism and that the word 'NATURAL' is descriptive but may acquire distinctiveness through secondary meaning.

27 Jun 2011

The plaintiffs, Siddhant Ice Creams Pvt. Ltd. and two others, filed a suit for trademark infringement, passing off, and copyright infringement against...

High Court

Bombay High Court Grants Temporary Injunction in Trademark Infringement and Passing Off Suit — 'LIVE IN' Mark Found Deceptively Similar to 'LIVE-IN'. Phonetic and visual similarity between marks leads to injunction under Section 29(2)(b) of the Trade Marks Act, 1999.

2 Mar 2016

The Plaintiff, Federal Brands Ltd., filed a trademark infringement and passing off suit against Levi Strauss India Pvt. Ltd. seeking a temporary injun...

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