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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 Adjudicates Commercial Appeal in IPR Matter Involving Film Personality and Advisory Company. Appeal Arises from Interim Orders in Commercial IPR Suit Under Ordinary Original Civil Jurisdiction.

7 May 2025

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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

Madras High Court Allows Rectification of Trademark Registration for 'ABACUS' in Educational Services — Petitioner's Prior Use and Reputation Established. The Court held that the mark 'ABACUS' is descriptive and not inherently distinctive, but the petitioner had acquired secondary meaning through long and extensive use since 1987.

8 Jan 2025

The petitioner, Abacus Montessori School, filed a rectification petition seeking removal of the trademark registration No. 1586733 in Class 41 for 'AB...

High Court

Bombay High Court Upholds Injunction in Trademark Infringement Case — Registered Proprietor's Rights Protected Against Deceptively Similar Marks. The court affirmed the trial court's order granting interim injunction restraining the defendant from using marks deceptively similar to the plaintiff's registered trademark 'Prem Mehandi Centre' under Sections 28, 29, 134 of the Trade Marks Act, 1999.

19 Oct 2016

The respondent/plaintiff, proprietor of 'Prem Mehandi Centre', filed two suits (Suit No. 1 of 2015 and Suit No. 2 of 2015) against the appellants/defe...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit Involving 'Kalpataru' Mark. The plaintiff, a well-known real estate developer, successfully restrained the defendants from using the mark 'Kalpataru' for their housing project, as it was deceptively similar to the plaintiff's registered and well-known trademark.

9 Jun 2015

The plaintiff, Kalpataru Properties Pvt. Ltd., a builder and developer established in 1975, has used the mark 'Kalpataru' as an integral part of its c...

High Court

Bombay High Court Dismisses Plaintiff's Trademark Infringement Suit for Lack of Evidence of Use and Passing Off. Marks VIVACITY and VIVZ held not deceptively similar to registered mark VIVA under Trade Marks Act, 1999.

12 Jul 2010

The Plaintiffs, Arviva Industries (India) Ltd., filed a suit seeking an injunction against the Defendants, Vikas M. Tulsian and others, alleging infri...

High Court

Bombay High Court Dismisses Appeal Against Temporary Injunction in Trademark Infringement Suit. Phonetic similarity between 'PLAXO' and 'PLASTO' held sufficient to grant injunction under Trade Marks Act, 1999.

24 Mar 2023

The present appeal arises from an order dated 15/02/2018 passed by the learned District Judge-8, Nagpur, allowing an application for temporary injunct...

High Court

Bombay High Court Dismisses Bayer's Challenge to Compulsory License for Nexavar Under Section 84 of Patents Act, 1970. Court Holds That Patentee's Import of Drug at High Price Does Not Satisfy Reasonable Requirements of Public or Constitute Working of Invention in India.

15 Jul 2014

The petitioner, Bayer Corporation, a US-based pharmaceutical company, held a patent for the drug Sorafenib Tosylate, sold under the brand name Nexavar...

High Court

Madras High Court Rehears Interlocutory Applications in Trademark Dispute for Interim Injunction. Court Directed to Apply Trinity Tests and Consider Section 12-A Compliance and Order 2 Rule 2 Bar After Remand by Division Bench.

5 Feb 2025

The Madras High Court reheard two interlocutory applications in a commercial suit involving a trademark dispute over the 'Massey Ferguson' brand. Trac...

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