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Search Results for "trademark dispute"

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High Court

Bombay High Court Allows Contempt Application Against Respondent for Willful Breach of Injunction Order in Trademark Infringement Suit. Use of 'NOVA MINI' mark and similar artistic work held to be deceptively similar to registered trademark 'NOVA' and artistic work, constituting contempt under Order XXXIX Rule 2A CPC.

13 Jul 2026

The applicant, Dr. Ashok M. Bhat, is the registered proprietor of the trademark 'NOVA' and an artistic work used for brilliantine hair cream. In 2007,...

High Court

Bombay High Court Partially Allows Appeal Against Arbitral Tribunal's Interim Order in Development Dispute — Upholds Disclosure Directions but Sets Aside Deposit Orders. The court held that while disclosure orders are permissible under Section 17 of the Arbitration Act, a direction to deposit 30% of sale proceeds without a finding of likelihood of dissipation of assets is not sustainable.

17 Dec 2024

The petitioners, Arun Bhoomi Corporation and Vijay Kanhaiyalal Joshi, filed a Commercial Arbitration Petition under Section 37 of the Arbitration and ...

Supreme Court

Supreme Court Allows Plaintiff in Commercial Suit for Leave to File Additional Documents Due to Timely Application and Necessity for Just Decision. Court held that plaintiff's application under Order VII Rule 14(3) read with Section 151 of CPC should be permitted as it was filed within 30 days of suit filing under Order XI Rule 1(4) and documents were essential for fair trial in trademark infringement case.

15 Sep 2021

The dispute arose from a commercial suit filed by the plaintiff seeking a permanent injunction against the defendant for trademark infringement relate...

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 Upholds IPAB Order Expunging Trademark 'Creative' for Deceptive Similarity in Travel Services. Petitioner's mark 'Creative Tours & Travels' held deceptively similar to respondent's registered mark 'Creative Travel', causing confusion among consumers under Section 9(2)(a) of the Trade Marks Act, 1999.

4 May 2016

The petitioner, Creative Tours & Travels (India) Private Limited, filed a writ petition under Article 226 of the Constitution of India challenging an ...

High Court

Bombay High Court Dismisses Plaintiff's Trademark Infringement Suit for ITM Mark Based on Honest and Concurrent User Defence. Defendant's prior and continuous use of identical mark since 1994 established honest and concurrent user under Section 12 of the Trade Marks Act, 1999, defeating claim for injunction.

15 Sep 2014

The plaintiffs, ITM Trust and its trustees, filed a suit for trademark infringement and passing off against the defendant, Educate India Society, alle...

High Court

Bombay High Court Grants Temporary Injunction Against Defendant in Trademark Infringement and Passing Off Case. Plaintiff's Registered Mark 'RISO' for Rice Bran Oil Protected Against Deceptively Similar Mark 'RISOLITE' Under Trade Marks Act, 1999.

9 May 2014

The Plaintiff, Kamani Oil Industries Pvt. Ltd., filed a suit against Bhuwaneshwar Refineries Pvt. Ltd. seeking a perpetual injunction for trademark in...

High Court

Bombay High Court Partially Allows Appeal in Trademark Infringement and Passing Off Case — Copyright Claim Dismissed Due to Lack of Originality. The court held that slavish imitation of another's mark does not qualify as an original artistic work under the Copyright Act, 1957, but upheld the injunction for trademark infringement and passing off under the Trade Marks Act, 1999.

18 Mar 2011

The appeal arose from an order of a single judge granting interlocutory reliefs in a suit for trademark infringement and passing off. The respondents,...

High Court

Bombay High Court Allows Appeal in Patent and Trademark Infringement Case — Finds No Prima Facie Case for Injunction. Court holds that patent for method and apparatus does not extend to product, and trademark registration is subject to opposition, thus no interim injunction warranted.

29 Mar 2010

The appeal arises from an order dated 19.11.2009 in Notice of Motion No.3709 of 2009 in Suit No.2576 of 2009, whereby the trial court granted an inter...

High Court

Bombay High Court Allows Petition Under Section 11 of Arbitration Act to Appoint Arbitrator Despite Alleged Non-Payment of Stamp Duty on Agreement. Court holds that stamp duty is a fiscal matter and not a bar to appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996.

30 Nov -0001

The petitioner, Lloyds Realty Developers Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment ...

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