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Search Results for "distinctive feature"

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High Court

Bombay High Court Grants Injunction Against Passing Off and Trade Mark Infringement of 'CARTER'S BLUE' Mark. Defendants' Use of Deceptively Similar Names Despite Conducting Agreement and Registration Constitutes Passing Off.

16 Jun 2016

The plaintiff, Mehboob Khan, sole proprietor of 'Carter's Blue' restaurant, filed a suit for trade mark infringement and passing off against the defen...

High Court

Bombay High Court Upholds Interim Injunction in Design Infringement and Passing Off Case — Registered Design Owner Granted Protection Against Infringement. Court Confirms That Substantial Similarity to Registered Design Constitutes Infringement Under Section 22 of Designs Act, 2000, and That Interim Relief Is Properly Granted When Prima Facie Case, Balance of Convenience, and Irreparable Loss Are Established.

20 Feb 2018

The present appeal was filed by the original defendants (Kalpesh R. Jain, Ravi Raut, and Ketan Panchal) against the order and judgment dated 06.12.201...

High Court

Madras High Court Allows Rectification of Trade Mark Registrations for 'WHISPER' and 'ALWAYS' Marks — Petitioner's Prior Use and Well-Known Status Established, Respondent's Registration Cancelled.

6 Jan 2026

The petitioner, The Procter & Gamble Company, a multinational corporation, filed three original petitions under Sections 47, 57, and 125 of the Trade ...

High Court

Bombay High Court Grants Injunction Against Trade Mark Infringement and Passing Off in Pharmaceutical Product 'ONCO BCG' - Defendant's Mark 'BCG ONCO' Held Deceptively Similar Despite Common Descriptive Element 'BCG'.

14 Jun 2011

The plaintiff, Serum Institute of India Limited, a pharmaceutical company, filed a suit for trade mark infringement and passing off against Green Sign...

High Court

Bombay High Court Dismisses Passing Off Injunction in Pharmaceutical Trademark Dispute Due to Delay and Acquiescence. Similarity of marks alone insufficient for interim relief when defendant has used its registered mark for nearly a decade without evidence of confusion.

15 Mar 2017

The plaintiff, Torrent Pharmaceuticals Ltd, filed a suit for trademark infringement and passing off against Wockhardt Ltd and Overseas African Remedie...

High Court

Karnataka High Court Hears Appeal Against Dismissal of Suit Alleging Deceptive Similarity in Beer Trade Marks. Plaintiff Claims 'Hercules Black Label' Infringes 'Kalyani Black Label'.

1 Apr 2013

The High Court of Karnataka at Bangalore heard an appeal filed by United Breweries Ltd (plaintiff) against the judgment and decree of the XXV Addition...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Case Involving Pharmaceutical Marks LOX and XYLOX. Court finds prima facie that Defendants' XYLOX marks are deceptively similar to Plaintiff's LOX family of marks, and that the defence of common origin or acquiescence is not made out.

16 Sep 2014

The Plaintiff, Neon Laboratories Ltd., filed a suit for trademark infringement and passing off against Themis Medicare Ltd. (Defendant No. 1) and Ciro...

High Court

Bombay High Court Grants Interim Injunction to Plaintiff in Trademark Infringement and Passing Off Case. The court restrained the defendant from using deceptively similar 'PRINCE' and crown device marks for PVC pipes, finding a strong prima facie case of infringement and passing off.

6 Dec 2024

The plaintiff, Prince Pipes and Fittings Ltd., a Mumbai-based company, has been using the mark 'PRINCE' and a 'crown device' since 1987 for manufactur...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over Pharmaceutical Marks 'MONTINA' and 'MONTINAL'. Phonetic Similarity Between Registered Mark 'MONTINA' and Defendants' Mark 'MONTINAL' for Medicinal Preparations Constitutes Infringement Under Section 29(2)(b) of the Trade Marks Act, 1999.

24 Dec 2013

The Plaintiff, Aristo Pharmaceuticals Pvt. Ltd., filed a suit for trademark infringement and passing off against the Defendants, who were manufacturin...

High Court

High Court of Karnataka Allows Writ Petition in Trademark Infringement Case — Order Rejecting Rejection of Plaint Set Aside. The court held that the trial court erred in dismissing the application under Order 7 Rule 10 CPC for return of plaint, as the suit lacked cause of action within its territorial jurisdiction.

26 Jun 2015

The petitioner, M/s. Tata SIA Airlines Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order da...

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