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Bombay High Court Dismisses Injunction in Trademark Infringement and Passing Off Suit — No Deceptive Similarity Between 'Palm Grove' and 'Royal Palms' Hotels. Plaintiff's use of 'Palm Grove' always in combination with 'Ramada' and delay disentitled it to interim relief.

The Plaintiff, Palm Grove Beach Hotels Pvt. Ltd., owned and operated a mid-range hotel in Juhu, Mumbai, under the name 'Ramada Plaza Palm Grove' (prev...

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Bombay High Court Terminates Arbitrator's Mandate for Failure to Pass Award Within Statutory Time Limit Under Section 29A of Arbitration Act. Court Appoints Substitute Arbitrator After Original Arbitrator Failed to Conclude Proceedings Despite Multiple Extensions.

The petitioner, M/s. Madhav Structural Engineers Limited, filed a petition under Section 14 of the Arbitration and Conciliation Act, 1996 seeking term...

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WRIT PETITION NO.1501 OF 2016

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High Court of Karnataka Quashes Insurance Ombudsman Award for Violation of Natural Justice — Employer Not Heard Before Award. Group Personal Accident Policy Claim Decided Without Notice to Employer, Award Set Aside and Remitted for Fresh Hearing.

The petitioner, M/s. Toyota Kirloskar Motor Pvt. Ltd., is a company engaged in the manufacture of motor vehicles. It had contracted a 'Group Personal ...

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Bombay High Court Dismisses Plaintiff's Interim Injunction Application in Trademark Infringement Suit Over Descriptive Mark 'OCTRIDE'. Court holds that the mark is descriptive of the active ingredient Octreotide and lacks distinctiveness, and balance of convenience favors the defendant.

The plaintiff, Sun Pharma Laboratories Limited, filed a commercial IP suit seeking an interim injunction to restrain the defendant, United Biotech Pri...

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High Court of Karnataka Quashes Criminal Proceedings Against Directors in Legal Metrology Case — Lack of Vicarious Liability. Directors of Colgate Palmolive cannot be prosecuted under Section 36 of Legal Metrology Act, 2009 without specific averments of their role in the offence.

The petitioners, including directors and former directors of Colgate Palmolive (India) Limited, along with a proprietor and a distributor, filed a pet...

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High Court of Karnataka Dismisses PIL Challenging Sale of Housing Board Site, Upholds Validity of Sale Deed and Rejects Review Petition. The court held that the petitioner lacked locus standi and the sale was validly executed by the Karnataka Housing Board in favor of the trust.

The petitioner, Mr. Adinarayanasetty, filed a writ petition under Articles 226 and 227 of the Constitution of India, styled as a public interest litig...