Monday, November 18, 2019

The Court granted a decree of permanent injunction restraining the Defendant from infringing and passing off the Plaintiff’s mark “KALANJIYAM” by using a deceptively similar mark “KALANJIAM” in respect of textile goods. In arriving at this decision, the Court noted that the Plaintiff was the registered proprietor of the mark and the Defendant had adopted […]

The Court granted a decree of permanent injunction restraining the Defendant from infringing and passing off the Plaintiff’s mark “MRF”, and from infringing the Plaintiff’s copyright in its artistic works. The Defendant admitted to infringement and submitted that it would desist all infringing activities.C.S.No.374 of 2019 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated […]

(2018) 2 AIRBomR 101 : (2018) 2 AllMR 48 : (2018) 2 BCR 860 : (2018) 3 MhLJ 573 : (2018) 1 MIPR 313 : (2018) 73 PTC 381 BOMBAY HIGH COURT DIVISION BENCH ANSARI BILAL AHMADLAL MOHD INDIAN NATIONAL — Appellant Vs. SHAFEEQUE AHMED MOHAMMED SAYEED — Respondent ( Before : Naresh H. Patil and R.G. Ketkar, […]

The dispute between the parties arose on account of the Defendant’s alleged infringement and passing off of the Plaintiff’s mark “KHANDANI SHAFAKHANA” by using it in respect of a film’s title.  HELD The Court extensively distilled various principles pertaining to preventing the release of films and subsequently concluded that the plaint did not show any […]

The Court granted a decree of permanent injunction restraining the Defendant from infringing and passing off the Plaintiff’s mark “THERMAX” by using a deceptively similar mark “THERMAX” in its corporate name. In arriving at this decision, the Court noted that the Defendant had two remedies in such a case, one falling under the purview of […]

2019  (77) PTC  344 (HIGH COURT OF MADRAS MADRAS HIGH COURT SINGLE BENCH APOLLO HOSPITALS ENTERPRISE LTD — Appellant  Vs.  NASEER APOLLO PHARMACY — Respondent ( Before : M. Sundar, J. ) Civil Suit No. 369 of 2016; Application No. 3082 of 2016 Decided on : 13-08-2018 Trade Marks Act, 1999 Sections 27, 28, 29, 134 and 135 – Trademark – Injunction for […]

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