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Search Results for "distinctive feature"

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High Court

High Court of Karnataka Considers Appeal Against Discretionary Order Refusing Interim Injunction in Passing Off Suit — Visual Wrapper Similarity and Ordinary Purchaser Test Examined. Court Examines Whether Emphasis on Dissimilarities Rather Than Similarities Amounted to Error of Principle.

28 Sep 2021

The present appeal arose from a suit for passing off and copyright infringement filed by ITC Limited (plaintiff) against CG Foods (India) Private Limi...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit — Petrofer Chemie and Hardcastle Petrofer v. United Petrofer Limited. Use of identical mark 'PETROFER' by defendant for similar industrial chemicals constitutes prima facie infringement under Section 29 of the Trade Marks Act, 1999.

6 Nov 2025

The plaintiffs, Petrofer Chemie H.R. Fischer GMBH & Co. KG (a German company) and Hardcastle Petrofer Private Limited (an Indian company), filed a com...

High Court

Bombay High Court Considers Interim Injunction in Trade Mark Passing Off Dispute Involving 'Ajanta' Toothpaste. The Court Examines Claims of Prior Use Where Plaintiffs Alleged Sales from June 2002 and Defendants from December 2002.

7 Mar 2006

Background: The dispute concerned the use of the trade mark 'Ajanta' for toothpaste. The plaintiffs claimed to be prior users of the mark for non-medi...

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 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 Plaintiff's Trademark Infringement Suit for ANTITHYROX and THYROX Against Defendant's LETHYROX. No deceptive similarity found as prefix 'LE' distinguishes marks and THYROX is descriptive of thyroid treatment.

29 May 2013

The Plaintiff, Macleods Pharmaceuticals Limited, filed a suit against Intas Pharmaceuticals Ltd. and another for infringement of their registered trad...

High Court

Bombay High Court Grants Interim Injunction in Design and Trademark Infringement Suit — Plaintiff's Registered Designs and Trademark Protected Against Alleged Imitation. Court Restrains Defendants from Using Identical or Deceptively Similar Designs and Marks on Kitchen Appliances.

19 Jan 2010

The plaintiff, Maya Appliances Private Ltd., filed a suit and notice of motion seeking interim injunction against Jaipan Industries Limited and others...

High Court

Bombay High Court Upholds Interim Injunction in Trademark Infringement Suit Over 'SUKOON OIL' Label — Appellant's Use of 'SUKOON' Label Held Deceptively Similar to Respondent's Registered Trademark.

12 Jan 2018

The respondent-plaintiff, Shafeeque Ahmed Mohammed Sayeed, trading as M/s. Nageena Ayurvedic Pharmacy, filed a suit for infringement of registered tra...

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 Grants Temporary Injunction Against Defendant in Trademark Infringement and Passing Off Case. Plaintiff's Registered Mark 'RISO' for Rice Bran Oil Protected Against Deceptively Similar Mark 'RISOLITE' Under Trade Marks Act, 1999.

9 May 2014

The Plaintiff, Kamani Oil Industries Pvt. Ltd., filed a suit against Bhuwaneshwar Refineries Pvt. Ltd. seeking a perpetual injunction for trademark in...

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