Search Results for "distinctive facts"

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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.

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...

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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'.

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...

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Supreme Court Allows Appeal in Trademark Infringement Case Under Trade Marks Act, 1999. Registered Trademark 'RENAISSANCE' Found Infringed by 'SAI RENAISSANCE' Due to Deceptive Similarity and Transborder Reputation Under Section 29(4).

The appeal arose from a trademark infringement dispute between an appellant-plaintiff, a global hotel chain incorporated in Delaware, USA, and respond...

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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.

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

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Bombay High Court Dismisses Appeal Against Injunction in Trademark Infringement Case. 'ULTRATUFF' Held Deceptively Similar to 'ULTRATECH CEMENT' Under Trade Marks Act, 1999.

The respondent-plaintiff, Ultratech Cement Limited, filed a suit for trademark infringement and passing off against the appellants-defendants, Alaknan...

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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.

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