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Search Results for "visual and phonetic test"

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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 ...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement, Passing Off, and Copyright Infringement Suit — Sopariwala Exports v. Kuber Khaini Private Limited. The court found deceptive similarity between the plaintiffs' registered trademark 'AFZAL' and defendants' label 'KUBER', and restrained defendants from using the impugned label.

9 Aug 2012

The plaintiffs, Sopariwala Exports (a partnership firm) and another company, are engaged in manufacturing and marketing tobacco under the trademark 'A...

High Court

Bombay High Court Grants Injunction Against Eris Lifesciences in Trademark Infringement Case. Phonetic Similarity Between 'NEBISTAR' and 'NEBISTOL' Leads to Restraint Order Under Trade Marks Act, 1999.

23 Dec 2015

The Plaintiff, Lupin Limited, filed a suit alleging that the Defendants, Eris Lifesciences Pvt. Ltd. and others, were infringing its registered tradem...

High Court

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.

29 Mar 2010

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...

High Court

Bombay High Court Grants Injunction Against Use of 'RPG' Mark by Defendants in Passing Off and Trade Mark Infringement Suit. The court held that the Defendants' use of 'RPG' as a prominent feature in their trade name was deceptively similar to the Plaintiff's registered marks under the Trade Marks Act, 1999, and likely to cause confusion.

21 Mar 2022

The Plaintiff, RPG Enterprises Limited, a multi-industry Indian conglomerate, filed a suit against the Defendants, Riju Ghoshal and Poulami Ghoshal, f...

High Court

Bombay High Court Dismisses Injunction in Trademark Infringement and Passing Off Suit — No Deceptive Similarity Between 'Palm Grove' and 'Royal Palms' Hotels. Plaintiff's use of 'Palm Grove' always in combination with 'Ramada' and delay disentitled it to interim relief.

18 Apr 2016

The Plaintiff, Palm Grove Beach Hotels Pvt. Ltd., owned and operated a mid-range hotel in Juhu, Mumbai, under the name 'Ramada Plaza Palm Grove' (prev...

High Court

Bombay High Court Dismisses Sun Pharma's Trademark Infringement Suit Against Sanofi's METOSAN, Finding No Deceptive Similarity with METOSARTAN. The marks are phonetically and visually distinct, and the products differ in composition, negating likelihood of confusion.

24 Oct 2016

The plaintiff, Sun Pharma Laboratories Ltd, filed a suit for trademark infringement and passing off against The Madras Pharmaceuticals and Sanofi Indi...

High Court

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.

29 Sep 2015

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...

Supreme Court

Supreme Court Allows Appellant's Infringement Suit Against Respondent Over Deceptively Similar Trade Mark. Addition of 'India' to Infringing Mark 'Rustam' Found Ineffective Under Trade Marks Act, 1940, Section 21.

8 Sep 1969

The appellant, Ruston & Hornsby Ltd., a company incorporated in England, engaged in manufacturing and selling diesel internal combustion engines, was ...

High Court

Bombay High Court Grants Permanent Injunction in Trademark Infringement and Passing Off Suit — Aglowmed Limited v. Aglow Pharmaceuticals Private Limited. Plaintiff's registered trademark 'AGLOWMED' held infringed by defendant's use of 'AGLOW' for pharmaceutical products, and defendant restrained from using deceptively similar name.

30 Jul 2019

The plaintiff, Aglowmed Limited, filed a suit seeking a permanent injunction restraining the defendant, Aglow Pharmaceuticals Private Limited, from us...

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