Curt held that even if there was a deceptive similarity between the names of two pharmaceutical products leading to a possibility of confusion, when the plaintiff’s product was not being sold in India but only exported, then no injunction could be granted against defendant’s product being sold in India inasmuch as it could not […]
In Apex Shoe Company Private Limited v. Baldev Singh, the Court deprecated the attempt of a defendant in a suit for infringement of trademark and passing off, to file a highly belated application for amendment and seek to bring on record a challenge to the validity of the mark in the written statement, after not having […]
The Court reiterated that the purpose of the law of infringement and passing off was not only geared towards protecting the rights of rights-holders alone but was also aimed at protecting consumers from being misled. The Court further held that even in case where, owing to complex issues at play, it was not possible for […]
Court reiterated that Section 134 of the Trademarks Act confers jurisdiction on the court in addition to the general jurisdiction conferred on a court under Section 20 of the Code of Civil Procedure, 1908 (‘CPC’). IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 30.08.2019 + C.R.P. 163/2019 & CM […]
Court issued certain practice directions in relation to the trial of trademark infringement matters. It was directed inter-alia that the following documents ought to be necessarily filed along with the plaint viz. Legal Proceedings Certificate of the trademark, a copy of the trademark registration certificate, copy of the trademark journal along with the latest status report from […]
HELD Court observed that permitting a party to air an advertisement which had already been found to be disparaging and, accordingly, restrained from being broadcast within a particular territory by another High Court, would be violative of the principle of comity of courts and the Court would in the normal circumstances veer towards adopting […]
Section 20 of the Companies Act, 1956 – Code of Civil Procedure, 1908 – Decree of suits- Costs not awarded as defendant exparte – in an uncontested suit of this nature, it is not necessary to require the plaintiffs to lead evidence, and a summary disposal of the suit on the basis of the contents […]
Quia timet action – Code of Civil Procedure, 1908 Order VII Rule 10 HELD for the purposes of Order VII Rule 10 CPC that this court has territorial jurisdiction and that the plaint ought not to be returned, the plaintiff may fail in obtaining an order of interim injunction on the ground that the plaintiff‟s […]
(2019) 77 PTC 427 DELHI HIGH COURT SINGLE BENCH MAX HYPERMARKET INDIA PRIVATE LIMITED — Appellant Vs. CURO INDIA PRIVATE LIMITED — Respondent ( Before : Rajiv Sahai Endlaw, J. ) Civil Suit (Comm) No. 95 of 2016 Decided on : 22-11-2018 Civil Procedure Code, 1908 (CPC) – Order 7 Rule 14, Order 7 Rule 14(1), Order 7 […]
(2018) 8 MLJ 160: 2019 (77) PTC 296 (HIGH COURT OF MADRAS MADRAS HIGH COURT SINGLE BENCH AMILAL RAMKISHAN DASS — Appellant Vs. ASHOK KUMAR SETHI — Respondent ( Before : M. Sundar, J. ) Application No. 3965 of 2017; Civil Suit No. 338 of 2017 Decided on : 27-09-2018 Civil Procedure Code, 1908 (CPC) – Order 11R 3, […]