Search Results for "honest concurrent use"

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Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
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Search Results for "honest concurrent use"

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High Court

Bombay High Court Upholds IPAB Order Expunging Trademark 'Creative' for Deceptive Similarity in Travel Services. Petitioner's mark 'Creative Tours & Travels' held deceptively similar to respondent's registered mark 'Creative Travel', causing confusion among consumers under Section 9(2)(a) of the Trade Marks Act, 1999.

4 May 2016

The petitioner, Creative Tours & Travels (India) Private Limited, filed a writ petition under Article 226 of the Constitution of India challenging an ...

High Court

Bombay High Court Dismisses Plaintiff's Trademark Infringement Suit for ITM Mark Based on Honest and Concurrent User Defence. Defendant's prior and continuous use of identical mark since 1994 established honest and concurrent user under Section 12 of the Trade Marks Act, 1999, defeating claim for injunction.

15 Sep 2014

The plaintiffs, ITM Trust and its trustees, filed a suit for trademark infringement and passing off against the defendant, Educate India Society, alle...

High Court

High Court Sets Aside Registrar's Order Rejecting Trade Mark Application Due to Lack of Reasoning and Failure to Consider Honest Concurrent Use. The Court held that the Registrar's order was unreasoned and ignored material on honest concurrent use under Section 12 of the Trade Marks Act, 1999, violating statutory requirements under Sections 18(5) and 91.

23 Mar 2026

The dispute arose from a petition filed by Petitioner challenging an order dated 19 May 2025 by the Registrar of Trade Marks, which rejected the petit...

Supreme Court

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).

19 Jan 2022

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

Supreme Court

Supreme Court of India: Judgment on Regulation and Approval of Genetically Modified Crops. Ensuring adherence to environmental safety, legal standards, and public health in the approval process for GM crops in India.

23 Jul 2024

The Supreme Court of India concerning various writ petitions filed in public interest related to the regulation and approval of Genetically Modified (...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit Involving 'Kalpataru' Mark. The plaintiff, a well-known real estate developer, successfully restrained the defendants from using the mark 'Kalpataru' for their housing project, as it was deceptively similar to the plaintiff's registered and well-known trademark.

9 Jun 2015

The plaintiff, Kalpataru Properties Pvt. Ltd., a builder and developer established in 1975, has used the mark 'Kalpataru' as an integral part of its c...

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 Dismisses Appeal by Cadila Pharmaceuticals in Passing Off Action by Medley Laboratories. Marks 'HB TONE' and 'RB TONE' Held Deceptively Similar for Pharmaceutical Products, Injunction Confirmed.

8 Apr 2011

The appeal arises from a suit filed by the respondents (original plaintiffs) against the appellant (original defendant) for infringement and passing o...

High Court

Madras High Court Allows Appeal in Trademark Opposition Case — Registration of Device Mark Set Aside Due to Lack of Evidence of Use. The Court held that the Registrar erred in accepting user claim without proper documentary evidence, and that the appellant's prior use since 1992 was established.

15 Apr 2026

The appellant, Ganesh Consumer Products Ltd., filed an appeal under Section 91 of the Trade Marks Act, 1999, against an order dated 11.09.2024 passed ...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement Suit Over 'Datamatics' Mark — Plaintiff's Prior Use and Registration Upheld Against Subsequent Adopter. The court held that the defendant's adoption of an identical mark for similar services constituted infringement and passing off, warranting restraint pending trial.

28 Mar 2016

The plaintiff, Datamatics Global Services Limited, filed a suit for trademark infringement and passing off against Royal Datamatics Private Limited, s...

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