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Bombay High Court Grants Permanent Injunction in Trademark Infringement Suit: Sun Pharma's 'SUN' Mark Protected Against 'ABSUN'. Deceptive similarity established as dominant feature 'SUN' is common; addition of prefix 'AB' insufficient to distinguish under Section 29(2)(b) of Trade Marks Act, 1999.

The plaintiff, Sun Pharmaceutical Industries Ltd., filed a suit seeking a permanent injunction to restrain the defendant, Satej M. Katekar, proprietor...

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Bombay High Court Upholds Interim Injunction in Trade Mark Infringement Suit — 'SUPER MOR CHHAP' Held Deceptively Similar to 'MOR CHHAP'. Registration and Prior Use of 'MOR CHHAP' for Lime Plaster Entitled Plaintiff to Protection Under Trade and Merchandise Act, 1958.

The plaintiff, Sunil Manikchand Kasliwal, filed a suit for trade mark infringement against the defendant, Rahul Uttam Suryavanshi, alleging that the d...

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Bombay High Court Considers Infringement of Well-Known Mark 'Raymond' in Domain Name for Dissimilar Goods; Discusses Scope of Section 29(4) of Trade Marks Act, 1999. Domain Name 'raymondpharma.com' Not Found to Infringe 'Raymond' Mark Under Section 29(4) Due to Dissimilar Goods and Prior Litigation Bar.

The dispute arose from the Plaintiff Raymond Limited's claim that the Defendant Raymond Pharmaceutical Pvt. Ltd. infringed its well-known registered t...

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Bombay High Court Grants Interim Injunction in Favor of Plaintiff in Trademark Infringement and Passing Off Suit. Registered Trademark 'SACU-V' for Heart Failure Drug Protected Against Deceptively Similar Mark 'SACV' for Same Composition Pharmaceutical Product.

The Plaintiff, Glenmark Pharmaceuticals Ltd., is engaged in manufacturing and sale of pharmaceutical preparations. It adopted the trademark 'SACU-V' i...

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Bombay High Court Upholds Arbitrator's Interim Injunction in Franchise Dispute Over Trademark Use. Negative Covenant in Franchise Agreement Restrains Use of Mark Containing 'Kamats' After Termination.

The dispute arose out of a franchise agreement dated 24 March 2011 between Deepak Thorat (Petitioner) and Vidli Restaurant Ltd. (Respondent), with Vit...