Search Results for "deceptive similarity"

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Search Results for "deceptive similarity"

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High Court

Bombay High Court Dismisses Trademark Infringement Suit by Bristol Bakery Against Grupo Bimbo for 'Bimbo' Mark, Finding No Deceptive Similarity. The court held that the marks 'Bristol' and 'Bimbo' are not deceptively similar and that the defendant had prior rights, thereby refusing interim injunction and granting injunction in favor of the defendant.

6 Jul 2026

The judgment concerns two cross-suits between Bristol Bakery (plaintiff in one suit) and Grupo Bimbo S.A.B. DE C.V. and its affiliates (defendants in ...

High Court

Bombay High Court Dismisses Passing Off Claim in Trademark Dispute Over 'Buckaroo' and 'Walkaroo' Marks. Plaintiff's failure to establish goodwill and reputation in India for its mark 'Buckaroo' leads to denial of interim injunction against defendant's use of 'Walkaroo'.

30 Jan 2020

The plaintiff, Kinjal Ramesh Savla, filed a commercial IP suit alleging infringement of its registered trademark 'Buckaroo' and related marks, as well...

High Court

Bombay High Court Upholds Interim Injunction in Passing Off Case — 'Spring Orchid' School Restrained from Using 'Orchid' in Name. The court found that the respondent's service mark 'The Orchid School' had acquired reputation since 2004 and the appellant's adoption of 'Spring Orchid' was deceptively similar, causing likelihood of confusion among students and parents.

17 Oct 2018

The respondent, Pradnya Niketan Education Society, runs 'The Orchid School' in Baner, Pune, established in 2004 and affiliated to CBSE. It registered ...

High Court

Bombay High Court Allows Plaintiff's Motion in Trade Mark Infringement Case Involving Use of Registered Mark as Corporate Name for Dissimilar Goods. The Full Bench overruled Raymond Ltd v Raymond Pharmaceuticals Pvt Ltd and held that Section 29(5) of the Trade Marks Act, 1999 provides a separate cause of action for infringement when a registered trade mark is used as a corporate or trading name, even for dissimilar goods.

1 Mar 2017

The case involves a Notice of Motion in a suit filed by CIPLA Limited against M/s. CIPLA Industries Private Limited and Vishal Khanna for alleged infr...

High Court

Bombay High Court Grants Interim Injunction in Passing Off Action Over Distinctive Triangular Crayon Packaging. Cello Pens' imitation of Faber-Castell's unique triangular crayon shape, raised dot pattern, and dual-tray packaging held likely to cause confusion among consumers, warranting protection of get-up and trade dress pending trial.

3 Sep 2015

The plaintiffs, Faber-Castell Aktiengesellschaft and its Indian subsidiary, filed a suit against Cello Pens Pvt Ltd alleging design infringement, copy...

High Court

Bombay High Court Dismisses Interlocutory Application in Trademark Infringement Suit Over 'CHERI' vs 'MULTI CHERRY' — Preliminary Issue Under Section 9A CPC Pending. The court declined to hear the ad-interim application due to procedural bars: the Appeal Court's order in the Clause XIV leave appeal and the Defendants' application for a preliminary issue on jurisdiction under Section 9A CPC.

24 Jun 2015

The Plaintiffs, Indchemie Health Specialties Pvt. Ltd., filed a suit for trademark infringement and passing off against Intas Pharmaceuticals Ltd. and...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Case Involving Pharmaceutical Marks LOX and XYLOX. Court finds prima facie that Defendants' XYLOX marks are deceptively similar to Plaintiff's LOX family of marks, and that the defence of common origin or acquiescence is not made out.

16 Sep 2014

The Plaintiff, Neon Laboratories Ltd., filed a suit for trademark infringement and passing off against Themis Medicare Ltd. (Defendant No. 1) and Ciro...

High Court

Bombay High Court Dismisses Plaintiff's Trademark Infringement Suit for ITM Mark Based on Honest and Concurrent User Defence. Defendant's prior and continuous use of identical mark since 1994 established honest and concurrent user under Section 12 of the Trade Marks Act, 1999, defeating claim for injunction.

15 Sep 2014

The plaintiffs, ITM Trust and its trustees, filed a suit for trademark infringement and passing off against the defendant, Educate India Society, alle...

High Court

Bombay High Court Grants Interim Injunction Against Trademark Infringement and Passing Off in 'MARINE' Mark Dispute. Plaintiff's registered trademarks for adhesives and sealants protected against defendant's use of identical mark for similar goods.

13 Jan 2014

The plaintiff, Pidilite Industries Limited, filed a suit against Jubilant Agri & Consumer Products Limited alleging infringement of its registered tra...

High Court

Bombay High Court Upholds Ad-Interim Injunction in Passing Off Action for Footwear Design — Registered Design Not Infringed Due to Lack of Novelty. Court Restrains Defendants from Passing Off Footwear Deceptively Similar to Plaintiff's Unregistered Get-Up Under Common Law.

6 Mar 2012

The case involves a dispute between the plaintiff, Jasco Rubbers and Manpasand Footwear, and the defendants, Asian Rubber Industries and others, over ...

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