Search Results for "unregistered trademark"

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Search Results for "unregistered trademark"

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High Court

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.

7 May 2026

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...

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

Bombay High Court Grants Leave to Combine Passing Off with Trademark Infringement Under Clause XIV of Letters Patent. The Court held that the object of Clause XIV is to avoid multiplicity of proceedings, and the defendants' hardship plea was irrelevant to the passing off claim.

26 Sep 2024

The petitioner, Bajaj Electricals Limited, filed a Leave Petition under Clause XIV of the Letters Patent seeking leave to combine a cause of action fo...

High Court

Bombay High Court Dismisses Appeal in Trademark Dispute Over 'Anna' for South Indian Eateries - Prior User Fails to Establish Infringement Due to Generic Nature of Mark. The court held that the word 'Anna' is generic and cannot be exclusively appropriated, rejecting the claim of trademark infringement and passing off under the Trademarks Act, 1999.

30 Nov 2023

The dispute arose between two eatery owners in Pune over the use of the word 'Anna' in their restaurant names. The Appellant-Plaintiff, Shantapa alias...

Supreme Court

Supreme Court Allows Appeal in Partnership Law Case on Maintainability of Suit by Unregistered Firm. The Court held that Section 69(2) of the Indian Partnership Act, 1932 does not bar a suit for declaration and injunction based on fraud and statutory rights, as it does not involve enforcement of contractual rights.

31 Jan 2022

The appeal arose from a suit filed by an unregistered partnership firm, Shiv Developers, seeking declaration and injunction to nullify a sale deed dat...

High Court

Bombay High Court Dismisses Appeal Against Refusal of Interim Injunction in Trademark 'Covishield' Passing Off Dispute. Cutis Biotech failed to establish prima facie case of passing off as the mark 'Covishield' is descriptive and not exclusively associated with the appellant.

20 Apr 2021

The dispute concerns the trademark 'Covishield'. The appellant, Cutis Biotech, a sole proprietorship, filed a suit in the Commercial Court at Pune see...

High Court

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.

29 Jun 2018

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...

High Court

Bombay High Court Upholds Injunction in Trademark Infringement Case — Registered Proprietor's Rights Protected Against Deceptively Similar Marks. The court affirmed the trial court's order granting interim injunction restraining the defendant from using marks deceptively similar to the plaintiff's registered trademark 'Prem Mehandi Centre' under Sections 28, 29, 134 of the Trade Marks Act, 1999.

19 Oct 2016

The respondent/plaintiff, proprietor of 'Prem Mehandi Centre', filed two suits (Suit No. 1 of 2015 and Suit No. 2 of 2015) against the appellants/defe...

High Court

Bombay High Court Grants Interim Injunction in Trademark Infringement and Passing Off Suit. Prior adoption and registration of the mark 'KALPA-TARU' by the plaintiffs since 1977 and 2003, and the defendant's subsequent incorporation with a similar name in the same line of business, established a prima facie case for infringement under the Trade Marks Act, 1999.

29 Jul 2011

The plaintiffs, Kalpataru Properties Private Limited and Property Solutions (India) Private Limited, filed a suit seeking a permanent injunction again...

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...

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