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Bombay High Court Allows Appeal in Trademark Infringement Case — Injunction Set Aside Due to Vague Pleadings and Lack of Prima Facie Case. The court held that without proper proof of trademark ownership and clear pleadings, an interim injunction cannot be granted under the Trade Marks Act, 1999.

The case involves an appeal against an interim injunction granted by the Principal District Judge, Pune, restraining the appellants from using the tra...

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Bombay High Court Grants Injunction in Trademark Infringement and Passing Off Suit Over 'BADEMIYA' Mark. Plaintiffs' registered trademarks 'BADEMIYA'S' and 'BADEMIYA' in Classes 29 and 42 are infringed by defendant's use of 'BADEMIYAN' for similar food business.

The plaintiffs, a partnership firm and its partners, filed a suit for trademark infringement and passing off against the defendant. The plaintiffs' bu...

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Bombay High Court Allows Appeal in Trademark Infringement Case — Parksons Cartamundi Pvt. Ltd. v. Suresh Kumar Jasraj Burad. The court found that the marks 'MERELANE' and 'MARICELL' are deceptively similar and granted an interim injunction restraining the defendant from using the mark 'MARICELL'.

The appellant, Parksons Cartamundi Pvt. Ltd., filed a suit for infringement of its registered trademark 'MERELANE' and for passing off against the res...

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Bombay High Court Grants Interim Injunction Against Trademark Infringement in Favor of Plaintiff. Passing Off Claim Deferred Due to Pending Rectification Proceedings Under Section 124 of Trade Marks Act, 1999.

The plaintiffs, Hem Corporation Pvt. Ltd. and three individuals (erstwhile partners of a firm), filed a suit for trademark infringement and passing of...

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Bombay High Court Grants Interim Injunction in Trademark and Copyright Infringement Suit Involving Perfume Brands. Court restrains defendants from using marks deceptively similar to plaintiffs' registered trademarks and artistic logos, finding prima facie case of infringement and passing off.

The plaintiffs, Ahmed Perfumes LLC and M/s. Ahmed Al Maghribi Perfumes Trading LLC, both UAE-based companies in the perfume business, filed a Commerci...

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High Court of Karnataka Dismisses Writ Petition in Trademark Infringement Case, Upholds Trial Court's Refusal to Stay Suit Pending Rectification. Civil Court Has Concurrent Jurisdiction to Decide Infringement and Validity of Trademark Under Section 124 of Trade Marks Act, 1999.

The petitioners, M/s. Sri Laxmi Balaji Industries and M/s. Sri Laxmi Vinayaka Rice Industries, filed a writ petition under Articles 226 and 227 of the...

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Bombay High Court Dismisses Appeal in Passing Off Suit — Plaintiff Fails to Establish Proprietary Rights Over Trademark 'Suratee Tobacco Company'. The Court held that the plaintiff, as a partner, cannot claim exclusive ownership of the partnership trademark without proving dissolution and assignment.

The appellant, Syed Zakirali, filed a civil suit seeking a permanent injunction to restrain the respondents from passing off their goods as those of t...