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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 Upholds Injunction Against Videocon for Infringing Whirlpool's Registered Washing Machine Designs Under Designs Act, 2000. The court found that Videocon's washing machine was identical in shape and configuration to Whirlpool's registered designs, and the designs were novel and not prior published.

13 Aug 2012

The respondent, M/s Whirlpool of India Limited, filed a suit against the appellant, M/s Videocon Industries Limited, alleging infringement of its regi...

High Court

Bombay High Court Grants Interim Injunction in Design Infringement Suit — Whirlpool's Registered Designs for Washing Machine Held Prima Facie Valid and Infringed by Videocon's 'Pebble' Model. The Court found that the Defendant's product was a clear imitation of the Plaintiff's registered designs, and the Plaintiff made out a strong prima facie case for protection.

27 May 2014

The Plaintiff, Whirlpool of India Ltd., a subsidiary of Whirlpool Corporation, filed a suit for design infringement against Videocon Industries Ltd. T...

High Court

Bombay High Court Grants Interim Injunction in Design Infringement and Passing Off Case — Cello's PURO Bottle Design Held Prima Facie Novel and Original, Modware's Product Found Indistinguishable. The court found that the defendants' bottle was identical in shape, configuration, and surface ornamentation to the plaintiffs' registered design under the Designs Act, 2000, and that the packaging was also deceptively similar, warranting interim relief.

30 Mar 2017

The plaintiffs, Cello Household Products and Cello Plastic Industrial Works, filed a suit for design infringement and passing off against Modware Indi...

High Court

Bombay High Court Allows Plaintiff's Motion in Trade Mark Infringement Case Involving Use of Registered Mark as Corporate Name for Dissimilar Goods. The Full Bench overruled Raymond Ltd v Raymond Pharmaceuticals Pvt Ltd and held that Section 29(5) of the Trade Marks Act, 1999 provides a separate cause of action for infringement when a registered trade mark is used as a corporate or trading name, even for dissimilar goods.

1 Mar 2017

The case involves a Notice of Motion in a suit filed by CIPLA Limited against M/s. CIPLA Industries Private Limited and Vishal Khanna for alleged infr...

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 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 Upholds Interim Injunction in Design Infringement and Passing Off Case — Registered Design Owner Granted Protection Against Infringement. Court Confirms That Substantial Similarity to Registered Design Constitutes Infringement Under Section 22 of Designs Act, 2000, and That Interim Relief Is Properly Granted When Prima Facie Case, Balance of Convenience, and Irreparable Loss Are Established.

20 Feb 2018

The present appeal was filed by the original defendants (Kalpesh R. Jain, Ravi Raut, and Ketan Panchal) against the order and judgment dated 06.12.201...

High Court

Madras High Court Allows Rectification of Trade Mark Registrations for 'WHISPER' and 'ALWAYS' Marks — Petitioner's Prior Use and Well-Known Status Established, Respondent's Registration Cancelled.

6 Jan 2026

The petitioner, The Procter & Gamble Company, a multinational corporation, filed three original petitions under Sections 47, 57, and 125 of the Trade ...

High Court

Bombay High Court Grants Interim Injunction in Design Infringement Case — Defendant's Plastic Container Found Deceptively Similar to Plaintiff's Registered Design Under Designs Act, 2000. The court applied the 'eye test' and held that the overall impression of the Defendant's product was identical to the Plaintiff's registered design, despite minor differences in colour.

1 Jul 2016

The Plaintiffs, Selvel Industries and Sears Industries, filed a suit for infringement and passing off under the Designs Act, 2000, against the Defenda...

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