Search Results for "acquired distinctiveness"

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Search Results for "acquired distinctiveness"

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High Court

Bombay High Court Grants Interim Injunction in Passing Off Action Over Identical Trademark 'LEAKGUARD' — Prior User and Reputation Established by Plaintiff Since 1999. The Court held that the Plaintiffs had made out a strong prima facie case of prior user and reputation, and the balance of convenience was in their favor, warranting an interim injunction.

9 Sep 2015

The Plaintiffs, Pidilite Industries Limited and Hardcastle & Waud Manufacturing Co. Ltd., filed a suit for passing off against the Defendants, Vilas N...

High Court

Bombay High Court Dismisses Passing Off Claim Over Domain Name 'secondshaadi.com' — Finds 'Shaadi' Generic and Descriptive. Plaintiff's mark 'Shaadi.com' lacks distinctiveness for exclusive use; no likelihood of confusion as 'secondshaadi' denotes a different service.

14 Sep 2016

The Plaintiff, People Interactive (India) Private Limited, owner of the well-known matrimonial website 'Shaadi.com', filed a suit against Vivek Pahwa ...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement Suit by 'VOGUE' Magazine Owner Against 'JUST IN VOGUE' Retail Services. Well-Known Mark 'VOGUE' Protected Against Use for Dissimilar Services Under Section 29(4) of Trade Marks Act, 1999.

19 Sep 2016

The Plaintiffs, Advance Magazine Publishers, Inc. and its subsidiary, are the proprietors and users of the trademark 'VOGUE' in respect of magazines a...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over 'Café Madras' Restaurant Name. The mark 'Café Madras' held to be inherently distinctive and entitled to protection against use by a subsequent restaurant of the same name.

11 Mar 2015

The plaintiffs, the Kamath family, have been running a restaurant named 'Café Madras' in Matunga, Mumbai since 1938. The restaurant has acquired a re...

High Court

Bombay High Court Grants Interim Injunction in Favor of Hygienic Research Institute, Restraining Defendants from Using “STREAK Street” Mark Deceptively Similar to Plaintiff’s Registered Trademark “STREAX”

5 Mar 2025

Trademark Infringement and Passing Off of “STREAX” vs. “STREAK Street” The Bombay High Court, granted interim reliefs in favor of the plainti...

High Court

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.

31 Mar 2012

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

High Court

Bombay High Court Dismisses Plaintiff's Suit for Trade Mark Infringement and Passing Off Against Defendants Over 'SUNCONTROL' Mark. The Court held that 'SUNCONTROL' is descriptive and not distinctive, and that the plaintiff failed to establish secondary meaning or likelihood of confusion.

12 Jul 2016

The plaintiff, Garware Polyester Limited, filed a suit for trade mark infringement and passing off against 3M Company and 3M India Limited, alleging t...

High Court

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.

4 May 2026

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

High Court

Karnataka High Court Upholds Interim Injunction in Trademark Infringement Case — 'HOTEL SPECIAL' vs 'SVT HOTEL SPECIAL' for Asafoetida. Deceptive Similarity Established Despite Addition of Prefix 'SVT'.

5 Apr 2024

The appellant/defendant, S.V.T Products, challenged an interim injunction order passed by the XVIII Additional City Civil Judge, Bengaluru, in O.S. No...

High Court

Bombay High Court Grants Injunction in Quia Timet Action for Passing Off Based on Distinctive Bottle Shape of Vodka. Shape of a bottle can be protected as a trademark or get-up if it has acquired distinctiveness and is likely to cause confusion.

2 May 2011

The plaintiff, Gorbatschow Wodka KG, a German company manufacturing Vodka, filed a quia timet action against John Distilleries Limited alleging that t...

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