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High Court

Madras High Court Dismisses Transfer of Rectification Petitions Under Trade Marks Act; Statutory Rectification Jurisdiction Confined to High Court Exercising Appellate Jurisdiction over Appropriate Registry. Interpretation of Sections 47 and 57 of Trade Marks Act, 1999, and Rule 4 of Trade Mark Rules, 2017, Precludes Exercise of Jurisdiction by High Court Over Entries Made by Another Registry.

20 Feb 2025

The petitioner, a company engaged in trade mark disputes, had filed a civil suit before the Madras High Court (Commercial Division) for infringement a...

High Court

Madras High Court Dismisses Writ Petitions Seeking Transfer of Rectification Petitions; Holds Jurisdiction for Rectification Lies with High Court of Appropriate Office. The Court interpreted the definite article 'the' in Sections 47 and 57 of the Trade Marks Act, 1999 to mean the High Court exercising appellate jurisdiction over the relevant Trade Marks Registry, and held that writ jurisdiction under Article 226 cannot be used to transfer rectification petitions when the court lacks statutory jurisdiction.

20 Feb 2025

The petitioner, a private company, filed C.S.(Comm.Div.) No.199 of 2023 before the Madras High Court against several parties including the 5th respond...

Supreme Court

"Supreme Court Affirms Need for Minority Establishment in AMU’s Minority Status Dispute" AMU’s Minority Status Under Scrutiny: Establishment by Legislature Versus Minority Founding Rights

8 Nov 2024

The Supreme Court judgment in Aligarh Muslim University v. Naresh Agarwal & Ors. primarily deals with the issue of minority rights in education, f...

High Court

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.

8 Aug 2019

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

Supreme Court

Supreme Court Allows Revenue's Appeal in Share Capital/Premium Case — Assessee Failed to Prove Identity, Creditworthiness, and Genuineness of Investors Under Section 68 of Income Tax Act. The onus under Section 68 is on the assessee to establish the identity, creditworthiness, and genuineness of transactions; mere production of documents is insufficient when investor companies are non-existent or unresponsive.

1 Jan 2019

The present appeal arises from a judgment of the Delhi High Court in an income tax appeal concerning the assessment year 2009-10. The respondent-asses...

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

High Court Allows Petition Under Section 11(6) of Arbitration and Conciliation Act, 1996 for Appointment of Arbitrator in Construction Contract Dispute. Court Appoints Sole Arbitrator to Adjudicate Disputes Arising from Contract Dated 27.09.2013.

8 Dec 2017

The petitioner, Sobha Projects and Trade Private Limited, filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking ...

High Court

Bombay High Court Grants Injunction in Trademark Infringement and Passing Off Case — Defendant's Logo Held Deceptively Similar to Plaintiff's Registered Logo. Well-known mark entitled to protection across classes under Trade Marks Act, 1999.

30 Jun 2016

The Plaintiff, Reliance Industries Ltd., filed a suit seeking injunctive reliefs against the Defendant, Concord Enviro Systems Pvt. Ltd., alleging inf...

High Court

Writ Appeals Filed by Tea and Coffee Plantation Companies Against Denial of Input Tax Credit on Cultivation Inputs under Karnataka Value Added Tax Act, 2003. Issue: Whether Cultivation Inputs Eligible for Tax Credit Under Section 10(2) Read with Section 2(6) and 2(19) of the Act.

28 Feb 2014

The appeals arose from reassessment orders passed under the Karnataka Value Added Tax Act, 2003, denying input tax credit to tea and coffee plantation...

High Court

Bombay High Court Grants Temporary Injunction in Trademark Infringement Case — 'EVANOVA' vs 'ECONOVA' for Pharmaceutical Products. Marks Held Deceptively Similar Under Section 29 of Trade Marks Act, 1999.

21 Jan 2014

The Plaintiff, Charak Pharma Pvt. Ltd., filed a suit against Glenmark Pharmaceuticals Ltd. seeking a perpetual injunction restraining the Defendant fr...

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