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Search Results for "trademark transfer"

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High Court

Bombay High Court Allows Commercial Suit and Interim Application in Asset Reconstruction Dispute — Upholds Validity of Assignment of Debt and Security Interest. Court holds that an Asset Reconstruction Company (ARC) is entitled to enforce security interest under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) after valid assignment of debt.

15 Apr 2026

The Applicant, Phoenix ARC Private Limited, an Asset Reconstruction Company registered with the RBI, filed a Commercial Suit (COMSS No. 124 of 2025) a...

High Court

Bombay High Court Allows Sales Tax Reference on Levy of Purchase Tax on Inter-State Purchases of Raw Materials Used in Manufacture of Exported Goods. The court framed a question of law regarding the applicability of Section 8(3)(b) of the Central Sales Tax Act, 1956 to inter-State purchases of raw materials used in exports.

21 Nov 2025

The applicant, M/s. Duphar Interfran Ltd., is a company engaged in the manufacture of pharmaceutical products. It purchased raw materials from outside...

High Court

Madras High Court Allows Rectification of Trademark Registration for 'ABACUS' in Educational Services — Petitioner's Prior Use and Reputation Established. The Court held that the mark 'ABACUS' is descriptive and not inherently distinctive, but the petitioner had acquired secondary meaning through long and extensive use since 1987.

8 Jan 2025

The petitioner, Abacus Montessori School, filed a rectification petition seeking removal of the trademark registration No. 1586733 in Class 41 for 'AB...

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 ...

High Court

High Court of Karnataka Dismisses Revenue Appeal in Trademark Transfer Tax Case — Capital Gains Tax on Transfer of Trademark 'SHARP' Upheld. The court held that the transfer of a registered trademark along with goodwill and common law rights constitutes a capital asset, and the consideration received is taxable as capital gains under the Income Tax Act, 1961.

18 Dec 2015

The Revenue filed an appeal under Section 260-A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Tribunal (ITAT), Bangal...

High Court

Bombay High Court Dismisses Writ Petition Challenging Sales Tax Assessment Orders Due to Availability of Alternative Remedy. Petitioners Failed to Show Exceptional Circumstances to Bypass Statutory Remedy of Reference Under Section 61(1) of Bombay Sales Tax Act, 1959.

20 Jan 2015

The petitioners, Tata Sons Limited and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court chal...

High Court

Bombay High Court Dismisses Revenue's Appeal in Income Tax Case Regarding Taxability of Sale Proceeds of Self-Generated Trade Mark and Brand Name. The Court held that the receipt of consideration for trade mark and design was not taxable as capital gains in the absence of a specific provision for cost of acquisition of self-generated assets prior to the amendment to Section 55(2) of the Income Tax Act, 1961 effective from 1/4/2002.

12 Jun 2012

The case involves an appeal by the Revenue under Section 260A of the Income Tax Act, 1961, challenging an order of the Income Tax Appellate Tribunal d...

High Court

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.

11 Apr 2012

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

High Court

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.

25 Mar 2011

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

High Court

Bombay High Court Dismisses Application for Amendment in Commercial IP Suit Due to Delay and Lack of Due Diligence. Amendment After Commencement of Trial Not Allowed Under Order VI Rule 17 CPC as Plaintiffs Failed to Show They Could Not Have Raised the Matter Earlier.

30 Nov -0001

The present Interim Application No. 752 of 2024 was filed by the original plaintiffs, Ramnish Verma and Finesse Fashions Pvt. Ltd., in a pending Comme...

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