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Search Results for "trade mark assignment"

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High Court

Bombay High Court Dismisses Appeal in Trademark Dispute Over Perfume Names 'Legend' and 'Flirt'. Court finds no deceptive similarity as marks are common dictionary words used with house marks and no evidence of passing off.

8 Aug 2019

The appellant, MESO Private Limited, manufactures and sells cosmetic products including perfumes under the trademarks 'Legend' and 'Flirt'. The respon...

High Court

Bombay High Court Dismisses Appeal in Passing Off Suit — Plaintiff Fails to Establish Proprietary Rights Over Trademark 'Suratee Tobacco Company'. The Court held that the plaintiff, as a partner, cannot claim exclusive ownership of the partnership trademark without proving dissolution and assignment.

29 Jun 2018

The appellant, Syed Zakirali, filed a civil suit seeking a permanent injunction to restrain the respondents from passing off their goods as those of t...

High Court

Bombay High Court Dismisses Suit as Barred by Res Judicata in Trademark Infringement Dispute. Prior Consent Terms and Withdrawal of Earlier Suit Operate as Res Judicata Under Section 11 CPC.

18 Nov 2016

The plaintiffs, Rasiklal Manikchand Dhariwal and others, filed a suit alleging infringement of their registered trademark 'MANIKCHAND' and passing off...

High Court

Bombay High Court Dismisses Passing Off and Copyright Infringement Suit for Lack of Evidence of Prior Use and Reputation. Oral Agreement Claim Fails as Plaintiffs Cannot Establish Exclusive Rights Over 'Puranmal' Mark and Chef Logo.

27 Jul 2016

The plaintiffs, Abhay Agarwal, Ajay Agarwal, and Puranmal Restaurant, a partnership firm based in Dubai, filed a suit against Puranmal Goods Private L...

High Court

Bombay High Court Allows Section 8 Application to Refer Copyright Dispute to Arbitration — Term Sheet Contains Valid Arbitration Agreement. The Court held that the arbitration agreement in the Term Sheet dated 13th June 2012 is valid and referred the disputes between the Plaintiff and Defendant No. 1 to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996.

12 Apr 2016

The Plaintiff, Eros International Media Limited, filed a copyright infringement suit against Telemax Links India Pvt. Ltd. and other defendants, alleg...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over 'Datamatics' Mark — Plaintiff's Prior Use and Registration Upheld Against Subsequent Adopter. The court held that the defendant's adoption of an identical mark for similar services constituted infringement and passing off, warranting restraint pending trial.

28 Mar 2016

The plaintiff, Datamatics Global Services Limited, filed a suit for trademark infringement and passing off against Royal Datamatics Private Limited, s...

High Court

Bombay High Court Allows Leave to Combine Infringement and Passing Off Causes of Action in UltraTech Trade Marks Case. The court held that under Clause 14 of the Letters Patent, a plaintiff can combine infringement and passing off claims when both arise from the same set of facts and the court has jurisdiction over the infringement claim under Section 134(2) of the Trade Marks Act, 1999.

29 Jan 2015

The plaintiffs, Ultratech Cement Ltd. and its parent company, filed a suit alleging infringement of their registered trade marks containing the word '...

High Court

Bombay High Court Dismisses Writ Petition Challenging Sales Tax Assessment Orders Due to Availability of Alternative Remedy. Petitioners Failed to Show Exceptional Circumstances to Bypass Statutory Remedy of Reference Under Section 61(1) of Bombay Sales Tax Act, 1959.

20 Jan 2015

The petitioners, Tata Sons Limited and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court chal...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Case Regarding Taxability of Sale Proceeds of Self-Generated Trade Mark and Brand Name. The Court held that the receipt of consideration for trade mark and design was not taxable as capital gains in the absence of a specific provision for cost of acquisition of self-generated assets prior to the amendment to Section 55(2) of the Income Tax Act, 1961 effective from 1/4/2002.

12 Jun 2012

The case involves an appeal by the Revenue under Section 260A of the Income Tax Act, 1961, challenging an order of the Income Tax Appellate Tribunal d...

High Court

Bombay High Court Dismisses Appeal in Trademark Infringement Case — Eurobond Industries v. Euro Panel Products. Passing off and trademark infringement established due to deceptive similarity between 'Eurobond' and 'Euro' marks.

30 Nov -0001

The case involves a commercial appeal filed by Eurobond Industries Private Limited (the appellant/defendant) against Euro Panel Products Pvt. Limited ...

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