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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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Bombay High Court Dismisses Patent Infringement Suits as Patents Were Revoked Prior to Filing. Summary Judgment Granted Under Order XIII-A CPC as Plaintiff Had No Locus Standi to Sue for Infringement of Revoked Patents.

The plaintiff, Bharat Bhogilal Patel, filed two suits for infringement of two patents granted in 2003. The defendants, TVS Electronics Ltd. and Kalelk...

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Supreme Court Quashes High Court's Interim Order Modifying Copyright Rules in Statutory License Dispute - Interim Order That Altered Prior Notice Requirement Under Rule 29(4) of Copyright Rules 2013 Set Aside as Impermissible Judicial Rewriting of Statutory Provisions.

The appeals arose from an interim order dated 2 August 2021 by a Division Bench of the High Court of Judicature at Madras in writ petitions challengin...

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Bombay High Court Dismisses Writ Petition Challenging IPAB Order Refusing Additional Evidence in Trademark Opposition. Court holds that the IPAB's refusal to allow additional documents was not perverse or arbitrary, and the petitioners failed to show sufficient cause for not producing them earlier.

The petitioners, M/s. Agar Distributors (India) and Shri Siraj Amirali Soorani, filed a writ petition challenging an order dated 16 July 2010 passed b...

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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.

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

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Bombay High Court Allows Cancellation of Trademark 'PAXIL' for Non-Use Under Section 47 of Trade Marks Act, 1999. Petitioner's Global Reputation and Prior Use Established 'Person Aggrieved' Status.

The Petitioner, Glaxo Group Limited, a global pharmaceutical company, filed a petition under Section 47 of the Trade Marks Act, 1999 seeking cancellat...

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High Court of Karnataka Dismisses Writ Petition in Trademark Infringement Case, Upholds Trial Court's Refusal to Stay Suit Pending Rectification. Civil Court Has Concurrent Jurisdiction to Decide Infringement and Validity of Trademark Under Section 124 of Trade Marks Act, 1999.

The petitioners, M/s. Sri Laxmi Balaji Industries and M/s. Sri Laxmi Vinayaka Rice Industries, filed a writ petition under Articles 226 and 227 of the...