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Search Results for "arbitrary mark"

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High Court

Bombay High Court Hears Appeal Against Vacation of Interim Injunction in 'RACIRAFT' vs 'ESIRAFT' Trademark Case. The Court Examines Whether the Impugned Mark 'ESIRAFT' is Deceptively Similar to the Registered Mark 'RACIRAFT' for Pharmaceutical Products, Applying the Anti-Dissection Rule and Principles of Phonetic and Visual Similarity.

8 Apr 2026

The case involved a commercial appeal filed by Sun Pharmaceutical Industries Ltd. against an order of the Single Judge vacating an ad-interim injuncti...

High Court

Bombay High Court Dismisses Appeal in Trademark Infringement Case — Plaintiff Fails to Establish Prima Facie Case and Guilty of Iniquitous Conduct. The court upheld the Single Judge's refusal of interim injunction under the Trade Marks Act, 1999 and Copyright Act, 1957, finding suppression of facts and lack of evidence of ownership.

6 Apr 2026

The present Commercial Appeal was filed by Laser Shaving India Pvt Ltd (the original plaintiff) against the order dated 25/06/2025 passed by the learn...

High Court

High Court of Gujarat Hears Appeal Against Rejection of Interim Injunction in Trademark Infringement and Passing Off Suit. The Court Examines Whether Trial Court Erred in Denying Interim Protection Despite Registered Device Mark and Alleged Joint Use of the 'Kshetrapal' Mark.

16 Mar 2026

The dispute centered on the use of the trademark 'Shree Kshetrapal' / 'Kshetrapal Construction' by two individuals in the construction business in Guj...

High Court

Bombay High Court Grants Interim Injunction to Plaintiff in Trademark Infringement and Passing Off Case. The court restrained the defendant from using deceptively similar 'PRINCE' and crown device marks for PVC pipes, finding a strong prima facie case of infringement and passing off.

6 Dec 2024

The plaintiff, Prince Pipes and Fittings Ltd., a Mumbai-based company, has been using the mark 'PRINCE' and a 'crown device' since 1987 for manufactur...

High Court

Trademark Dispute: Examination of Ex-Parte Injunction and Material Disclosure Obligations.

25 Oct 2024

The case concerns a trademark dispute where Dharampal Satyapal Foods Ltd., the defendant, sought to vacate an ex-parte injunction granted to Parle Pro...

High Court

Bombay High Court Dismisses Appeal in Trademark Dispute Over 'Anna' for South Indian Eateries - Prior User Fails to Establish Infringement Due to Generic Nature of Mark. The court held that the word 'Anna' is generic and cannot be exclusively appropriated, rejecting the claim of trademark infringement and passing off under the Trademarks Act, 1999.

30 Nov 2023

The dispute arose between two eatery owners in Pune over the use of the word 'Anna' in their restaurant names. The Appellant-Plaintiff, Shantapa alias...

High Court

Bombay High Court Dismisses Appeal in Trademark Infringement Suit Over 'THE ASWA' and 'ASĀVA' Marks — No Prima Facie Case for Injunction Due to Lack of Phonetic Similarity and Descriptive Nature of Mark.

23 Aug 2021

The appellant, Meher Distilleries Private Limited, is the registered proprietor of the trademark 'THE ASWA' under Registration No.2716867 in Class-33 ...

High Court

Bombay High Court Upholds Temporary Injunction in Trademark Infringement and Passing Off Case. Trial Court's Discretion Not Found Arbitrary or Perverse in Restraining Use of Deceptively Similar Mark 'Shriphal'.

9 Oct 2020

The appeal arises from an order of the trial court granting a temporary injunction in favor of the respondent/plaintiff, M/s Mysore Deep Perfumery Hou...

High Court

Bombay High Court Dismisses Appeal Against Temporary Injunction in Trademark Infringement and Passing Off Case. Trial Court's Discretion Upheld as Not Arbitrary or Perverse.

9 Oct 2020

The appeal arises from an order of the trial court granting a temporary injunction in favor of the respondent/plaintiff, M/s Mysore Deep Perfumery Hou...

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 ...

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