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Bombay High Court Allows Appeal in Trade Mark Infringement Case — Continuous Prior Use Not Established by Respondent. Section 34 of Trade Marks Act, 1999 requires continuous use from a date prior to registration; gap in evidence of use after 2013 defeats claim of prior user.

The appellant, Leben Life Science Private Limited, filed a suit for permanent injunction against the respondent, Jarun Pharmaceuticals Private Limited...

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Supreme Court Allows Appellant's Infringement Suit Against Respondent Over Deceptively Similar Trade Mark. Addition of 'India' to Infringing Mark 'Rustam' Found Ineffective Under Trade Marks Act, 1940, Section 21.

The appellant, Ruston & Hornsby Ltd., a company incorporated in England, engaged in manufacturing and selling diesel internal combustion engines, was ...

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Bombay High Court Grants Interim Injunction Against Trademark Infringement and Passing Off in Beer Product Dispute. Plaintiff's registered trademark 'HAYWARDS 5000' held to be deceptively similar to Defendant's 'COX 5001', warranting protection pending trial.

The plaintiff, Sabmiller India Limited, filed a suit seeking a permanent injunction against the defendant, Jagpin Breweries Ltd., for infringing its r...

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Bombay High Court Dismisses Appeal in Trademark Dispute Over Perfume Names 'Legend' and 'Flirt'. Court finds no deceptive similarity as marks are common dictionary words used with house marks and no evidence of passing off.

The appellant, MESO Private Limited, manufactures and sells cosmetic products including perfumes under the trademarks 'Legend' and 'Flirt'. The respon...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Involving Beer Labels. Plaintiff's mark 'HAYWARDS 5000' held to be infringed by defendant's use of '5000' in similar label, as numeral is an essential feature not descriptive of beer strength.

The plaintiff, Skol Breweries Limited, filed a suit for trademark infringement and passing off against the defendants, Som Distilleries & Breweries Li...

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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.

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

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Bombay High Court Dismisses Appeal by Cadila Pharmaceuticals in Passing Off Action by Medley Laboratories. Marks 'HB TONE' and 'RB TONE' Held Deceptively Similar for Pharmaceutical Products, Injunction Confirmed.

The appeal arises from a suit filed by the respondents (original plaintiffs) against the appellant (original defendant) for infringement and passing o...