Search Results for "Distinctiveness"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Disposes Appeal by Consent Appointing Arbitrator in MSME Dispute, ...

Search Results for "Distinctiveness"

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High Court

Bombay High Court Allows Bail Under Section 436-A CrPC to Convict in Pending Appeal — Mandatory Provision Overrides Section 389 CrPC Restrictions. Section 436-A CrPC Held Mandatory and Not Subject to Section 389 CrPC; Detention Period Includes Pre- and Post-Conviction Detention; Maximum Sentence for Computation is Maximum Imposable Sentence.

28 Aug 2020

The applicant, Maksud Sheikh Gaffur Sheikh, was convicted by the Additional Sessions Judge-4, Chandrapur on 01.08.2016 in Session Trial No.22 of 2015 ...

High Court

Bombay High Court Allows Writ Petition for Transitional Input Tax Credit Under GST — Time Limit for Filing TRAN-1 Form Held Directory, Not Mandatory. The court directed the GST authorities to accept the TRAN-1 Form filed beyond the prescribed time limit, holding that the time limit was directory and the petitioner had sufficient cause for delay.

20 Mar 2020

The petitioner, Nelco Limited, a company incorporated under the Companies Act, 1956, supplies and undertakes various network-related services. It file...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit — KYK Mark and Trade Dress Protected. Leave under Clause XIV of Letters Patent granted to combine causes of action for infringement and passing off.

28 Jan 2020

The plaintiffs, Mohtimbas Engineering Pvt. Ltd. (Plaintiff No.1, an Indian stockist and distributor) and a Taiwanese manufacturer (Plaintiff No.2), fi...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit — Star Zing Marks Protected. Use of identical marks 'White Chinese Pepper Masala' and 'Black Chinese Pepper Masala' by Defendant restrained as deceptively similar to Plaintiff's registered trademarks.

8 Jan 2020

The Plaintiff, Sky Enterprise Private Ltd., filed a commercial IP suit alleging infringement of its registered trademarks and passing off by the Defen...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit. Prior adoption and registration of the mark 'KALPA-TARU' by the plaintiffs since 1977 and 2003, and the defendant's subsequent incorporation with a similar name in the same line of business, established a prima facie case for infringement under the Trade Marks Act, 1999.

29 Jul 2011

The plaintiffs, Kalpataru Properties Private Limited and Property Solutions (India) Private Limited, filed a suit seeking a permanent injunction again...

High Court

Bombay High Court Dismisses Plaintiff's Injunction Against Trademark Threat in 'HOKEY POKEY' Dispute. Prior Registration of Defendant's Mark Under Class 30 Prevents Passing Off Claim Despite Plaintiff's Subsequent Use.

1 Jul 2011

The plaintiff, Drums Food International Pvt. Ltd., filed a suit seeking a declaration that a cease and desist notice issued by the defendants, Euro Ic...

High Court

Bombay High Court Grants Injunction Against 'ULTRA TUFF' Cement for Infringing 'ULTRATECH CEMENT' Trademark and Passing Off. The court held that the mark 'ULTRA TUFF' is deceptively similar to the registered trademark 'ULTRATECH CEMENT The Engineer's Choice' under Section 29 of the Trade Marks Act, 1999, and restrained the defendants from using the mark.

28 Jun 2011

The plaintiff, Ultra Tech Cement Limited, filed a suit alleging that the defendants, Alaknanda Cement Pvt. Ltd. and another, were infringing its regis...

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 Dismisses Petition Challenging Rejection of Nomination for Workmen Director in Nationalised Bank. The court held that the Central Government's approval is mandatory for appointment of Workmen Director under Section 9(3)(c) of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, and the Bank cannot unilaterally accept nominations.

8 Apr 2011

The petitioners, Federation of Bank of India Staff Unions and its Deputy General Secretary, filed a writ petition under Article 226 of the Constitutio...

High Court

Bombay High Court Grants Injunction in Trademark Infringement and Passing Off Suit Over 'BADEMIYA' Mark. Plaintiffs' registered trademarks 'BADEMIYA'S' and 'BADEMIYA' in Classes 29 and 42 are infringed by defendant's use of 'BADEMIYAN' for similar food business.

25 Mar 2011

The plaintiffs, a partnership firm and its partners, filed a suit for trademark infringement and passing off against the defendant. The plaintiffs' bu...

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