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Supreme Court: Promotional Trailers Do Not Create Contractual Obligations; No Deficiency in Service or Unfair Trade Practice. Creative Freedom in Art Protects Film Producers from Consumer Claims Regarding Missing Promotional Content.

The Supreme Court addressed whether a promotional trailer creates a contractual obligation or leads to an unfair trade practice under the Consumer Pro...

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Bombay High Court Grants Injunction in Trademark Infringement Case: 'ROFOL' vs 'PROFOL'. Prior Registration of 'ROFOL' by Plaintiff in 1992 Entitles Injunction Against Defendant's Deceptively Similar Mark 'PROFOL' Under Section 29 of Trade and Merchandise Marks Act, 1958.

The plaintiff, M/s. Neon Laboratories Limited, filed a suit for infringement and passing off against the defendants, M/s. Medical Technologies Ltd. an...

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High Court of Judicature at Bombay Dismisses Writ Petition Against Service Tax on Seed Supply and Allows Writ Against Sales Tax on Franchise Agreement. Technology-Embedded Seed Supply Held to Be a Sale Under MVAT Act, While Franchise Licensing Held to Be a Service Under Finance Act.

The High Court of Judicature at Bombay heard together two writ petitions concerning the tax characterisation of commercial transactions under the serv...

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Bombay High Court Grants Interim Injunction Against Trademark Infringement and Passing Off in 'MARINE' Mark Dispute. Plaintiff's registered trademarks for adhesives and sealants protected against defendant's use of identical mark for similar goods.

The plaintiff, Pidilite Industries Limited, filed a suit against Jubilant Agri & Consumer Products Limited alleging infringement of its registered tra...

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Dispute Over Non-Compete Clause Post-Termination. Validity of Restraint Clauses Beyond Termination Under Arbitration and Contract Law

The Bombay High Court addressed a dispute between Indus Power Tech Inc. (Appellant) and Echjay Industries Pvt. Ltd. (Respondent) over a non-compete cl...

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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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Bombay High Court Considers Interim Injunction in Trade Mark Passing Off Dispute Involving 'Ajanta' Toothpaste. The Court Examines Claims of Prior Use Where Plaintiffs Alleged Sales from June 2002 and Defendants from December 2002.

Background: The dispute concerned the use of the trade mark 'Ajanta' for toothpaste. The plaintiffs claimed to be prior users of the mark for non-medi...

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Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit — Star Zing Marks Protected. Use of identical marks 'White Chinese Pepper Masala' and 'Black Chinese Pepper Masala' by Defendant restrained as deceptively similar to Plaintiff's registered trademarks.

The Plaintiff, Sky Enterprise Private Ltd., filed a commercial IP suit alleging infringement of its registered trademarks and passing off by the Defen...

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Bombay High Court Dismisses Plaintiff's Interim Injunction in Trademark and Copyright Infringement Suit Due to Suppression of Material Facts. Plaintiff's Conduct of Suppressing Prior User and Earlier Litigation Disentitles It to Equitable Relief Under Trade Marks Act, 1999 and Copyright Act, 1957.

The suit was filed by ITC Limited against NTC Industries Ltd. for trademark and copyright infringement and passing off in relation to cigarettes and t...