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Search Results for "quia timet action"

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Supreme Court

Supreme Court Allows Appeals Against Speaker's Inaction on Disqualification Petitions Under Tenth Schedule. The Court directed the Speaker to decide disqualification petitions within four months, holding that failure to act within reasonable time warrants judicial intervention.

21 Jan 2020

The appeals arose from the 2017 Manipur Legislative Assembly elections, which resulted in a hung assembly. The Indian National Congress won 28 seats, ...

High Court

Bombay High Court Upholds Leave Granted Under Clause XII of Letters Patent in Trademark Infringement Suit — Plaintiff's Business Activities in Mumbai Confer Territorial Jurisdiction. The court held that the plaintiff had established a prima facie case that part of the cause of action arose within the jurisdiction of this court, and the defendants failed to discharge the burden of proving that the leave was improperly granted.

12 Jul 2017

The plaintiff, M/s Black Ticket Films, a registered partnership firm based in New Delhi, filed a suit in the Bombay High Court against two defendants ...

Supreme Court

Supreme Court Allows Appeal of Municipal Corporation in Solid Waste Project Injunction Case — Environmental Claims Lacked Scientific Evidence. Court Restores Trial Court's Dismissal of Suit, Holding That Civil Courts Cannot Restrain Statutory Projects Based on Unsubstantiated Apprehensions.

1 Jan 2020

The Supreme Court allowed the appeal of Ratnagiri Nagar Parishad against the judgment of the Bombay High Court which had affirmed the decree of perman...

High Court

Bombay High Court Grants Interim Injunction in Copyright Infringement and Passing Off Action Over Television Talent Show Format. Zee Entertainment's 'India's Best Dramebaaz' Concept Found Prima Facie Copied by Sony's 'Drama Company'.

5 Apr 2017

The plaintiff, Zee Entertainment Enterprises Ltd, filed a quia timet copyright infringement and passing off action against Sony Pictures Networks Indi...

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 Dismisses Passing Off Claim by Sun Pharmaceuticals Against Emcure Pharmaceuticals Over Trademarks 'SUSTEN' and 'SUSTINEX' — Marks Held Not Deceptively Similar Despite Prior Use and Pharmaceutical Products. The court found that the differences in spelling, sound, and appearance between 'SUSTEN' and 'SUSTINEX' outweigh the similarities, and the public interest does not justify an injunction where the marks are not deceptively similar under the Trade Marks Act, 1999.

9 Jan 2012

The plaintiff, Sun Pharmaceuticals Industries Limited, filed a suit for infringement and passing off against Emcure Pharmaceuticals Limited, alleging ...

High Court

Bombay High Court Dismisses Passing Off Injunction in Pharmaceutical Trademark Dispute Due to Delay and Acquiescence. Similarity of marks alone insufficient for interim relief when defendant has used its registered mark for nearly a decade without evidence of confusion.

15 Mar 2017

The plaintiff, Torrent Pharmaceuticals Ltd, filed a suit for trademark infringement and passing off against Wockhardt Ltd and Overseas African Remedie...

High Court

Bombay High Court Dismisses Appeal Against Dismissal of Suit Challenging MCGM Notice Under Section 354A of MMC Act — Suit Held Not Maintainable Due to Bar of Section 527 of MMC Act and Availability of Alternative Remedy Under Section 354A(3). The court held that the civil court's jurisdiction is barred when a statute provides a complete mechanism for redressal.

9 Oct 2013

The appellant, M/s. Akash Impex, a registered partnership firm, acquired suit property Gala No.24/25, CTS No. 240-C at Khetani Industrial Estate, Kurl...

High Court

Bombay High Court Dismisses Nagpur Improvement Trust's Appeal Against Declaration of Demolition Notices as Illegal. Repairs Carried Out with Municipal Corporation Sanction Cannot Be Treated as Unauthorised Construction Under Maharashtra Regional and Town Planning Act, 1966.

29 Apr 2014

The case involves a second appeal filed by the Nagpur Improvement Trust (NIT) against the judgment and order dated 16.1.2006 passed by the 3rd Additio...

High Court

Bombay High Court Grants Injunction in Trademark Infringement Case: 'ROFOL' vs 'PROFOL'. Prior Registration of 'ROFOL' by Plaintiff in 1992 Entitles Injunction Against Defendant's Deceptively Similar Mark 'PROFOL' Under Section 29 of Trade and Merchandise Marks Act, 1958.

31 Mar 2012

The plaintiff, M/s. Neon Laboratories Limited, filed a suit for infringement and passing off against the defendants, M/s. Medical Technologies Ltd. an...

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