Monday, February 24, 2020

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 […]

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 […]

(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 […]

(2018) 8 MLJ 70 : (2019) 77 PTC 235 MADRAS HIGH COURT SINGLE BENCH TABLETS (INDIA) LTD. — Appellant Vs. D.R. JOHNS LAB PHARMA PVT. LTD. — Respondent ( Before : Mr. M. Sundar, J. ) C.S. No. 28 of 2015 and A. Nos. 208 of 2015 and O.A. Nos. 41 and 42 of 2015 Decided on : 26-09-2018 Civil Procedure Code, […]

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 […]

    (2019) 78 PTC 476 DELHI HIGH COURT SINGLE BENCH ANIL VERMA — Appellant Vs. R.K. JEWELLERS SK GROUP AND OTHERS — Respondent ( Before : Prathiba M Singh, J. ) Civil Suit (Comm) No. 1097 of 2018; Interlocutory Application No. 11678 of 2018, 14796 of 2018, 3735 of 2019 Decided on : 25-04-2019 Civil Procedure Code, […]

The suit is an action for extended passing off and to prevent the respondent from using the appellants’ data and improper reference to its drug Trastuzumab’. 2. Single Judge imposing conditions and the same being in operation from 25.4.2016 has approved the same to be an appropriate interlocutory order considering the nature of the suit […]

(2018) 254 DLT 603 : (2019) 77 PTC 68 DELHI HIGH COURT SINGLE BENCH LUXEMBOURG BRANDS S A R L AND ANOTHER — Appellant Vs. G.M. PENS INTERNATIONAL PVT LTD — Respondent ( Before : Vibhu Bakhru, J. ) Civil Suit (Comm) No. 1120 of 2016; Criminal Miscellaneous Appeal No. 10583 of 2017; Interlocutory Application No. 3153 of […]

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 […]

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