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Search Results for "distinctive feature"

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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...

High Court

Bombay High Court Grants Interim Injunction in Passing Off Action Over Distinctive Triangular Crayon Packaging. Cello Pens' imitation of Faber-Castell's unique triangular crayon shape, raised dot pattern, and dual-tray packaging held likely to cause confusion among consumers, warranting protection of get-up and trade dress pending trial.

3 Sep 2015

The plaintiffs, Faber-Castell Aktiengesellschaft and its Indian subsidiary, filed a suit against Cello Pens Pvt Ltd alleging design infringement, copy...

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 considers interim injunction in passing-off suit over 'iTerm' mark for online insurance policies. Court examines whether 'iTerm' is inherently distinctive or has acquired secondary meaning under common law of passing off, and plaintiff's challenge to defendant's use of 'Aviva i-Term Smart'.

19 Aug 2019

The plaintiff, Aegon Life Insurance Company Limited, instituted a suit for passing off against Aviva Life Insurance Company India Limited, seeking an ...

High Court

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.

5 Sep 2011

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

High Court

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

18 Nov 2011

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

High Court

Bombay High Court Restrains Defendant from Using Similar Trademark in Instant Adhesive Case. Affirms Likelihood of Confusion Between 'FEVIKWIK' and 'KWIKHEAL' Based on Overall Similarity of Marks and Trade Dress.

2 Aug 2017

The plaintiff, Pidilite Industries Limited, a leading manufacturer of adhesives and sealants, filed a suit against Poma-Ex Products and others for tra...

High Court

Bombay High Court Dismisses Trademark Infringement Suit Over Numeral '5000' in Beer Labels — No Deceptive Similarity Found Between 'HAYWARDS 5000' and 'PRESTIGE 5000' or 'FOUR SQUARE 5000'. The numeral '5000' was held to be descriptive of beer strength, not an essential feature capable of exclusive appropriation under the Trade Marks Act, 1999.

5 Apr 2006

The Plaintiffs, Shaw Wallace and Company Ltd. and another, filed a suit for trademark infringement and passing off against Mohan Rocky Spring Water Br...

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 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 ...

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