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Madras High Court Adjudicates Trademark Opposition Over 'Big Bite' Mark in Class 30. Court Considers Application of Prior User Test and Relevance of Trans-Border Reputation Under Trademarks Act, 1999.

The appeals were filed under Section 91 of the Trademarks Act, 1999 against a common order dated 18.7.2014 by the Deputy Registrar of Trade Marks. The...

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Bombay High Court Grants Injunction Against Defendant for Infringing Registered Trade Mark 'Indian Express' in Devnagari Script. The Court held that use of the mark in Devnagari script constitutes infringement and passing off, rejecting the defence of honest concurrent use.

The Plaintiffs, The Indian Express Limited and Indian Express Newspapers (Mumbai) Ltd., are the owners and proprietors of the well-known 'Indian Expre...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over 'Café Madras' Restaurant Name. The mark 'Café Madras' held to be inherently distinctive and entitled to protection against use by a subsequent restaurant of the same name.

The plaintiffs, the Kamath family, have been running a restaurant named 'Café Madras' in Matunga, Mumbai since 1938. The restaurant has acquired a re...

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Bombay High Court Dismisses Plaintiff's Trademark Infringement Suit for ANTITHYROX and THYROX Against Defendant's LETHYROX. No deceptive similarity found as prefix 'LE' distinguishes marks and THYROX is descriptive of thyroid treatment.

The Plaintiff, Macleods Pharmaceuticals Limited, filed a suit against Intas Pharmaceuticals Ltd. and another for infringement of their registered trad...

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Presidential Reference Made to Supreme Court Seeks Advisory Opinion on Telecom Licences and Spectrum Allocation Policies. Reference Under Article 143(1) Recites Historical Grant of Licences from 1994 to 2008 Including First-Come-First-Served and Revenue Share Regimes.

Background: The President of India made a reference under Article 143(1) of the Constitution on 12.04.2012, seeking the advisory opinion of the Suprem...