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Search Results for Tag : Infringement

International Cases

Unless Defendants have the statutory defence, they have committed an offence(03.08.2017)

Present is an interlocutory appeal in a criminal case which concerns the correct construction of Section 92(1) of the Trade Marks Act, 1994. The Appel.....

Tags : Infringement, Provision, Interpretation



Judgments

Court is empowered to pass a summary judgment, without recording evidence, if it appears that Defendants have no real prospect of defending the claim(12.09.2018)

Present suit has been filed for permanent injunction restraining infringement of trade mark, rendition of accounts, damages etc. against the defendant.....

Tags : Infringement, Injunction, Grant



Minute differences are not to be reckoned as sufficient to defeat an otherwise good claim(06.12.2016)

Plaintiff seeks to protect its registered designs, alleging infringement and passing off. These are designs in respect of copper tubes. Plaintiff’s ca.....

Tags : Designs, Infringement, Injunction



Owners of trademarks are not expected to run after every infringer(23.01.2019)

Application has been filed under Order 39 Rule 4 CPC on behalf of the Defendants No. 1 and 2 for vacation of the ex parte ad interim injunction order .....

Tags : Infringement, Injunction, Vacation thereof



There must be a representation, omission or practice that was likely to mislead consumers in case of deception(24.09.2018)

In facts of present case, SCN was issued to Respondent pursuant to Enquiry Report concluded by Commission. Enquiry was authorized on complaint filed b.....

Tags : Trademark, Infringement, Deceptive marketing



Damages have to be actual and not superfluous, Courts are not supposed to do guess work and grant damages(23.05.2017)

Present suit has been filed by Plaintiff seeking permanent injunction against Defendants, restraining them from infringing its trademark, copyright an.....

Tags : Trademark, Infringement, Injunction



If the testimony provided by an expert is consistent with the infringement action then the infringement is liable to be proven(03.11.2017)

The background against which the instant Appeals have been filed is that InterDigital Communications, Inc.; InterDigital Technology Corp.; IPR Licensi.....

Tags : Patents, Infringement, Expert



If a substantial part of the concerned item has been copied then a copyright infringement will be said to have taken place(29.01.2020)

The claimant ('Response') is a company based in Oswaldtwistle, Lancashire. It designs and markets clothing. The Defendant ('EWM') is a major retailer .....

Tags : Copyright Infringement



Mere fact that, application for registration of a trademark was amended may not amount to relinquishment of any right to use the trademark(21.01.2019)

The present suit is filed by the Plaintiff seeking an order of permanent injunction to restrain the Defendants, their partners, proprietors, etc from .....

Tags : Infringement, Injunction, Grant



Existence of necessary connection between the activities of foreign-seated defendants to target Indian customer must be established(26.10.2021)

The Plaintiff is a company incorporated in India. The Plaintiff seeks a permanent injunction, restraining the Defendants from using the trademark "TAT.....

Tags : Infringement, Injunction, Entitlement



Likelihood of deception or confusion must be attributable to the resemblance of the marks themselves and not to extraneous matter(26.05.2022)

The Appellant, Open Horizon Ltd, had sought an order interdicting and restraining the Respondent, Carnilinx (Pty) Ltd, from infringing its PACIFIC tra.....

Tags : Infringement, Restraint, Deception



A party is not required to produce evidence of actual deception in order to prove the case of infringement(06.10.2022)

The Appellant has filed the present appeal being aggrieved by the impugned judgment and decree, whereby the suit filed by the Appellant praying for re.....

Tags : Infringement, Injunction, Grant



Registrations of the Plaintiff in multiple jurisdictions creates a stronger presumption that the Plaintiff's trademark has reputation in the market(06.03.2023)

The present suit has been filed on behalf of the Plaintiff seeking relief of permanent injunction restraining the Defendants from infringing Plaintiff.....

Tags : Trademark, Infringement, Injunction



Wrongfulness was to be established objectively, taking into consideration the legal convictions of the community(13.01.2023)

Appeal is against an order of the Eastern Cape, East London Circuit Court (the high court) which held the Democratic Alliance liable for damages for i.....

Tags : Dignity, Infringement, Damages



News

Delhi HC Grants Interim Injunction Against Faces Cosmetics in Trademark Infringement Suit(31.05.2022)

Delhi High Court has restrained a Canada based, Faces Cosmetics from selling and manufacturing its products under the mark 'Velvette Matte' in the tra.....

Tags : Delhi High Court, Trademark Infringement, Injunction



Causes of Action for Design Infringement & Passing Off can be Combined in Single Suit: Delhi HC(17.12.2018)

Delhi High Court has held that the causes of action for infringement under Designs Act and for passing off under Trademarks Act can be combined togeth.....

Tags : Delhi High Court, Design Infringement, Passing Off



Court is empowered to pass summary judgment, without recording evidence, if it appears that, Defendant has no real prospect of defending the claim(17.10.2017)

In fact of present case, Plaintiff No. 1 is the registered proprietor of the trade mark SINGER in Class 7. The Plaintiff No. 1 is the leading manufact.....

Tags : Infringement, Injunction, Grant



Delhi HC Rejects Britannia's Plea of Trademark Infringement Against ITC'S Sunfeast(06.04.2021)

Delhi High Court has dismissed the petition by Britannia Industries Ltd against ITC Ltd for alleged trademark infringement and has opined that the pa.....

Tags : Delhi High Court, Britannia, Sunfeast, Trademark Infringement



A prima facie case has to be made out for mandatory injunction to be granted at interim stage(11.07.2019)

Present appeal by the Defendant is directed against the order passed by the learned Single Judge whereby, the Appellant was restrained from infringing.....

Tags : Infringement, Injunction, Legality



Bombay HC Grants Interim Injunction Against Andaman Big Bro for Infringement of Endemol's Trademark(26.02.2020)

Bombay High Court has granted relief to Endemol Shine Group, which owns the trademark Big Brother, and directed Andaman Xtasea Private Limited to stop.....

Tags : Bombay High Court, Infringement of Endemol's Trademark



Madras HC Issues Notice on Plea Seeking Damages Over Copyright Infringement by Film Valimai(15.03.2022)

Madras High Court has issued notice to the makers of Tamil film Valimai, starring Ajith, after the Producer of a 2016 Movie called Metro alleged that .....

Tags : Madras High Court, Copyright Infringement by Film Valimai



Delhi HC Grants Ex-Parte Injunction in Trademark Infringement Suit by VOLVO(14.03.2022)

Delhi High Court has granted interim relief to owners of registered trademarks VOLVO and FMX, restraining Lamina Suspension Products Limited from usi.....

Tags : Delhi High Court, Trademark Infringement Suit by VOLVO



Del HC: No Ex-Parte Injunction in TM Infringement Suit if Defendant Has Been in Market for Some Time(01.09.2023)

Delhi High Court has held that in trade mark (TM) infringement suits, where the mark has been used by defendant for any length of time, that sole fact.....

Tags : Delhi High Court, Trade Mark Infringement, Injunction



Registered proprietor of trademark has exclusive right to use said trademark in relation to goods or services in respect of which trade mark is registered(17.05.2017)

Case of Plaintiff is that, it is a registered Trust and is engaged in field of providing educational services and running various Senior Secondary Sch.....

Tags : Trademark, Infringement, Injunction, Grant



Kar. HC Refuses to Quash FIR Against Congress Leaders for KGF Song Copyright Infringement(29.06.2023)

Karnataka High Court has refused to quash FIR filed by MRT Music against congress leaders Rahul Gandhi, Jairam Ramesh and Supriya Shrinate over the al.....

Tags : Karnataka High Court, Copyright Infringement, Rahul Gandhi



US Supreme Court Rules Lexmark Can’t Sue Toner-Cartridge Fillers for Patent Infringement(31.05.2017)

US Supreme Court has reaffirmed that patent-holders cannot keep their rights over a product once they sell it, ruling against a large printer maker in.....

Tags : US Supreme Court, Patent Infringement, Toner-Cartridge



Delhi High Court Grants Ex-Parte Injunction in Favour of ADOBE in Trademark Infringement Suit(16.03.2022)

Delhi High Court has granted ex-parte injunction in favour of ADOBE in a trademark infringement suit against one Namase Patel, who had registered the .....

Tags : Delhi High Court, ADOBE, Trademark Infringement



Del. HC: Use of TM by Ex-Licensee After Revocation of Licence Amounts to Infringement(08.11.2023)

Delhi High Court has held that once the Licence has been revoked, it is impermissible for ex-licence to use the Trade Mark (TM), and the same would am.....

Tags : Delhi High Court, Trade Mark, Infringement



Del HC: Originality is Key Feature for Claiming Injunction Predicated on Copyright Infringement(19.10.2023)

Delhi High Court while grating relief to owner of fantasy sports app MYFAB11, has held that originality though not novelty, is the underlying feature .....

Tags : Delhi High Court, Copyright Infringement, Injunction, Originality



Delhi HC Grants Permanent Injunction Against Now Banned Club Factory Website(29.03.2022)

Delhi High Court has decided permanent injunction against a China based portal, Club Factory, that was banned amid pandemic by the Indian Government, .....

Tags : Delhi High Court, Trademark Infringement, Permanent Injunction, Club Factory



Del. HC: Interim Relief Granted to Domino’s in Trademark Infringement Case Against Donito’s(07.06.2024)

Delhi High Court while granting relief to Domino’s in a trademark infringement case against Donito’s, has restrained Donito’s from using the infringin.....

Tags : Delhi High Court, Trademark Infringement, Irreparable Harm, Domino’s



Delhi HC Grants Ex-Parte Ad-Interim Injunction Against AAJ TAK GURGAON in Trademark Suit(19.04.2022)

Delhi High Court has granted ex-parte ad-interim injunction in a trademark infringement suit filed by news channel AAJ TAK, a part of India Today Grou.....

Tags : Delhi High Court, AAJ TAK, trademark infringement, AAJ TAK GURGAON



Delhi HC Grants Ex-Parte Ad-Interim Injunction in Trademark Infringement Suit Filed By 'Amul'(23.08.2021)

Delhi High Court has granted ex-parte ad-interim injunction to Gujarat Cooperative Milk Marketing Federation Ltd, popularly known as 'Amul', in a trad.....

Tags : Delhi High Court, Trademark Infringement Suit Filed By 'Amul'



To sustain action for trademark infringement, a global brand must prove its goodwill and reputation(14.12.2017)

The Appellant ('the Plaintiff) is an automobile manufacturer incorporated under the laws prevailing in Japan. The first Respondent is a partnership fi.....

Tags : Infringement, Injunction, Grant



Delhi HC Grants Permanent Injunction In Trademark Infringement Suit Against ANINEWSINDIA(30.03.2022)

Delhi High Court has granted permanent injunction against ANINEWSINDIA in a trademark infringement suit filed by news agency ANI. The Court has injun.....

Tags : Delhi High Court, permanent injunction, ANINEWSINDIA, ANI, trademark infringement



When an action, if onerously done is not an offence, it cannot become an offence when, owing to advancement in technology doing thereof has been simplified(16.09.2016)

Plaintiffs, being the publishers, including of textbooks, instituted instant suit for relief of permanent injunction restraining Defendants from infri.....

Tags : Copyright, Infringement, Photocopying



Delhi HC Orders Blocking of 12 Websites Illegally Streaming Content of Universal City Studios(06.05.2022)

Delhi High Court in a matter relating to copyright infringement, has ordered for blocking of 12 websites which were illegally streaming, hosting and m.....

Tags : Delhi High Court, copyright infringement, Universal City Studios LLC, 12 websites



A well-known mark is entitled to protection even in respect of unrelated goods and services(16.07.2019)

The present suit is filed by the Plaintiff - Exxon Mobil Corporation against the Defendant - Exoncorp Private Limited seeking permanent injunction res.....

Tags : Infringement, Injunction, Grant



Del. HC: Section 76(3) TM Act Doesn’t Require Both the Rival Marks to be Registered CTMs(23.11.2023)

Delhi High Court while enunciating ingredients to arrive at a satisfaction that a Certification Trade Mark (CTM) had been infringed, has observed that.....

Tags : Delhi High Court, Certification Trade Mark, Infringement



At an interlocutory stage, it cannot be said that, Plaintiff did not have a chance of success at the trial(28.02.2020)

In a suit for infringement of copyright, the Plaintiff has sought interim reliefs by present application. Learned senior advocate appearing for the Pl.....

Tags : Infringement, Interim protection, Grant



Del. HC: In Cases Related to Design Piracy, Trade Variants and Minuscule Differences Can be Ignored(12.12.2023)

Delhi High Court while hearing the design infringement suit by Havells observed that in case of design piracy, it is the overall shape and configurati.....

Tags : Delhi High Court, Design Piracy, Infringement



Delhi HC Grants Ex-Parte Ad-Interim Injunction Against Satta Dream 11(06.04.2022)

Delhi High Court has granted ex-parte ad-interim injunction in a suit against trademark infringement filed by Dream 11, a fantasy sports platform, aga.....

Tags : Delhi High Court, ex-parte ad-interim injunction, trademark infringement, Dream 11, fantasy sports platform, Satta Dream 11



Delhi HC Grants Interim Relief In Trademark & Copyright Infringement Suit Against Fake Kajaria Tiles(24.01.2022)

Delhi High Court has issued a temporary injunction under Order 39 of Code of Civil Procedure, 1908, restraining the Defendant from infringing the tile.....

Tags : Delhi High Court, Interim Relief In Trademark & Copyright Infringement Suit



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