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Bombay High Court Dismisses Appeal by Cadila Pharmaceuticals in Passing Off Action by Medley Laboratories. Marks 'HB TONE' and 'RB TONE' Held Deceptively Similar for Pharmaceutical Products, Injunction Confirmed.

The appeal arises from a suit filed by the respondents (original plaintiffs) against the appellant (original defendant) for infringement and passing o...

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Bombay High Court Holds that Copyright Society Cannot Demand Royalty for Sound Recording Broadcasts from FM Radio Stations. Sound Recording Copyright Prevails Over Underlying Works Once Incorporated, Thus IPRS Not Entitled to Licence Fee for Broadcasts.

Background: The dispute involved the right of a copyright society (IPRS) to demand royalties from an FM radio broadcaster for broadcasting sound recor...

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Appeal under Section 91 of Trade Marks Act, 1999 against Registrar's order permitting delayed evidence affidavit

The Bombay High Court heard an appeal under Section 91 of the Trade Marks Act, 1999 against an order of the Registrar of Trade Marks allowing a delaye...

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Madras High Court Dismisses Appeal Against Patent Refusal for Lack of Inventive Step and Enablement. Controller's order upheld as amended claims were not enabled and lacked inventive step under Patents Act, 1970.

The appellant, Caleb Suresh Motupalli, filed a patent application for an invention titled 'Necktie Persona-Extender/Environment-integrator and method ...

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Bombay High Court Grants Interim Injunction Restraining Release of Marathi Film 'Mukkam Post' in Copyright Infringement Suit. Court finds prima facie case of substantial similarity between plaintiff's script and defendants' film, and balance of convenience in favour of plaintiff.

The plaintiff, Everest Entertainment LLP, filed a suit for copyright infringement against the defendants, including Mahesh Vaman Manjrekar, Great Mara...

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Bombay High Court Grants Injunction Against Franchisee in EuroKids Trademark Dispute — Franchise Agreement Terminated Due to Non-Payment of Royalty and Breach of Terms. Court Restrains Respondent from Using Petitioner's Trademarks and Operating as Franchisee Pending Arbitration.

The petitioner, EuroKids International Private Limited, filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, s...

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Bombay High Court Grants Injunction in Quia Timet Action for Passing Off Based on Distinctive Bottle Shape of Vodka. Shape of a bottle can be protected as a trademark or get-up if it has acquired distinctiveness and is likely to cause confusion.

The plaintiff, Gorbatschow Wodka KG, a German company manufacturing Vodka, filed a quia timet action against John Distilleries Limited alleging that t...

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Bombay High Court Grants Interim Injunction to Plaintiff in Copyright Dispute Over Film 'Sheela' — Prima Facie Finding of Valid Assignment Chain. Court holds that registered assignments under Section 48 of the Copyright Act, 1957 prevail over unregistered subsequent assignments.

The dispute concerns the copyright in the 1987 Hindi motion picture 'Sheela', originally produced by BS Dwarakish. Goldmines Telefilms Pvt Ltd filed a...