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Search Results for "Intellectual Property"

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High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit — Petrofer Chemie and Hardcastle Petrofer v. United Petrofer Limited. Use of identical mark 'PETROFER' by defendant for similar industrial chemicals constitutes prima facie infringement under Section 29 of the Trade Marks Act, 1999.

6 Nov 2025

The plaintiffs, Petrofer Chemie H.R. Fischer GMBH & Co. KG (a German company) and Hardcastle Petrofer Private Limited (an Indian company), filed a com...

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 Dismisses Appeal in Inventory Proceedings Under Portuguese Civil Procedure Code Regarding Heritability of Auction Rights. The court held that rights from a successful bid in licitation are heritable under Article 1737 of the Portuguese Civil Procedure Code, 1867, as they are not personal, and the obligation to deposit arises only after final partition, allowing heirs to claim the property.

19 Sep 2022

The dispute originated from inventory proceedings under the Portuguese Civil Procedure Code, initiated in 1985 for the partition of the estate of Lt. ...

High Court

Bombay High Court Allows Petition Against IPAB Order for Violation of Natural Justice in Patent Pre-Grant Opposition. Pre-grant opponent not heard before allowing patent appeal, order set aside and matter remanded.

5 Nov 2020

The petitioner, Dhaval Diyora, filed a pre-grant opposition under Section 25(1) of the Patents Act, 1970 against the patent application of Respondent ...

High Court

Bombay High Court Dismisses Interim Injunction Applications in Trademark Infringement and Passing Off Suits — No Prima Facie Case for Confusion Between 'Manugraph' and 'Simarq' or 'Ezeego' and 'La Travenues'. The court held that the marks are not deceptively similar and the goods/services are different, thus no interim relief is warranted under the Trade Marks Act, 1999.

15 Jun 2016

The judgment involves two suits for trademark infringement and passing off. In Suit No. 516 of 2013, the plaintiff Manugraph India Limited sought to r...

High Court

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.

6 Feb 2014

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

High Court

Bombay High Court Grants Injunction in Quia Timet Action for Passing Off Based on Distinctive Bottle Shape of Vodka. Shape of a bottle can be protected as a trademark or get-up if it has acquired distinctiveness and is likely to cause confusion.

2 May 2011

The plaintiff, Gorbatschow Wodka KG, a German company manufacturing Vodka, filed a quia timet action against John Distilleries Limited alleging that t...

High Court

Bombay High Court Allows Arbitration Application Under Section 11(6) of Arbitration and Conciliation Act, 1996 Despite Unregistered Partnership Firm. Court Holds That Section 69(3) of Partnership Act, 1932 Does Not Bar Arbitration Reference for Claims Arising from Partnership Disputes.

19 Nov 2010

The applicant, Ezra Victor Aboody, and the respondent, H. Dhanrajgir Estate Pvt. Ltd., entered into a partnership deed on 14 February 2003 for coachin...

High Court

Bombay High Court Dismisses Petitioner's Challenge to IPAB Order Rejecting Additional Documents in Trade Mark Dispute Over 'Laxman Rekha'. Court Held That IPAB's Discretion to Refuse Additional Evidence at Appellate Stage Was Not Shown to Be Perverse or Unreasonable.

26 Oct 2010

The petitioner, Sudhir Bhatia, trading as M/s V. Bhatia International, and respondent No.3, Midas Hygiene Industries Pvt. Ltd., were involved in a dis...

High Court

Bombay High Court Allows Architect's Petition Against Discharge in Copyright Infringement Case — Revisional Court Erred in Dismissing Complaint Based on Pendency of Civil Dispute. The court held that unauthorized use of architectural plans without consent constitutes infringement under Section 63 of the Copyright Act, 1957, and the pendency of a civil suit for fees does not preclude criminal proceedings.

15 Jan 2010

The applicant, Prakash Kathane, an architect, filed a private complaint alleging that the non-applicants (Secretary and Administrator of the Agricultu...

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