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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 Grants Interim Injunction in Trademark Infringement Suit Involving Beer Labels. Plaintiff's mark 'HAYWARDS 5000' held to be infringed by defendant's use of '5000' in similar label, as numeral is an essential feature not descriptive of beer strength.

The plaintiff, Skol Breweries Limited, filed a suit for trademark infringement and passing off against the defendants, Som Distilleries & Breweries Li...

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Bombay High Court Grants Injunction in Trademark Infringement Case Involving Beer Brands 'Haywards 5000' and '50000'. The court held that the numeral '5000' is an essential feature of the plaintiff's mark and that the defendants' mark '50000' is deceptively similar, leading to likelihood of confusion.

The plaintiff, Skol Breweries Limited, filed a suit for infringement and passing off against the defendants, Fortune Alcobrew Pvt. Limited and Hindust...

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Supreme Court Allows State's Appeal in Excise Duty Case — Licensee Liable for Duty on Liquor Destroyed in Fire. Absolute liability under Rule 7(11)(a) of UP Bottling of Foreign Liquor Rules, 1969 and Rules 708/709 of UP Excise Manual; act of God no defense.

The case arises from a fire incident on 10.04.2003 at the godown of the respondent company, a distillery licensee, which destroyed 35,642 cases of Ind...

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Bombay High Court Upholds Injunction Against Infringement of Registered Trade Mark SABMiller India in Beer Bottles. The Court held that use of an identical registered trade mark on identical goods constitutes infringement under Section 29 of the Trade Marks Act, 1999, and granted interim injunction.

The Respondent, SABMiller India Ltd., held a registered trade mark 'SABMiller India / SABMILLER INDIA' in classes 21 and 32 under the Trade Marks Act,...

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Bombay High Court Dismisses Retail Liquor Dealers' Challenge to Sales Tax on Pre-December 1998 Stock. Circular and Notifications imposing 8% sales tax on liquor stock manufactured before 9th December 1998 held valid and not retrospective.

The petitioner, Maharashtra Retail Liquor Dealers' Association, representing retail liquor licensees holding FLII Licence under the Bombay Prohibition...

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Bombay High Court Grants Injunction Against Defendant in Trade Mark Infringement and Passing Off Case — Use of Plaintiff's Embossed Bottles for Country Liquor Constitutes Infringement of Registered Mark 'TANGO PUNCH' Under Trade Marks Act, 1999.

The plaintiff, Brihan Karan Sugar Syndicate Private Limited, and the defendant, South Konkan Distilleries, both manufacture and sell country liquor. T...