Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Infringement of trade mark - Descriptive words used though are different but first word TASTY being common in products of both plaintiff and defendant - Prima facie, there are certain similarities between registered trade mark of plaintiff and mark being used by defendant - Plaintiff being a prior..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration, permanent injunction, damages and incidental relief - Right to sue in favour of plaintiff arose in 9 July 2018 when defendant first time denied plaintiff's title to Trade Mark and claimed its ownership - Said cause of action again arose in favour of plaintiff on 18 July 2018 when defendant relying upon..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction order - Willful disobedience - Use of plaintiff's trade mark despite order of interim injunction - Commissioner noted in his second visit to defendant's shop that goods were being sold without any wrapper/labels - Only hoarding on which plaintiff's trade mark was displayed in front of defendant shop was..........
Trade Marks Act, 1999, Section 137 -- Infringement of trade mark - Passing off - Substitution of letter `T' for letter `O' is the only difference between two trade names - Plaintiff clearly a prior user would make it clear that first pre-requisite for action in passing off was made out - Division Bench granted interim injunction and stay order - Such stay was continued..........
Civil Procedure Code, 1908, Order 39, Rule 1, Trade Marks Act, 1999, Section 29 -- Infringement of Trade Mark - Injunction - Passing off - Evidence led by plaintiffs witnesses duly proved contents of plaint and case set forth by plaintiffs - Even, despite sending letters defendant No.1 failed to appear in the case and rather went on infringing plaintiffs trade mark -..........
Patents Act, 1970, Section 108, Trade Marks Act, 1999, Section 29, Civil Procedure Code, 1908 -- Infringement of patent and trade mark - Passing off - Misappropriation or distribution of confidential information - Injunction - Company which invests its time, money and man power in research and development deserves protection against infringement and passing off -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Injunction - Against use of plaintiffs DTH services and trade name `Tata Sky' on any of the defendants website - Plaintiffs have been licensed by Government of India for conducting business of DTH operator and subscribers are not entitled to re-transmit DTH signals through any means - However, defendants..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade Marks Act, 1999, Section 2(zg), 135(1) -- Infringement of trade mark - Injunction - Defendants found in custody of thousands and thousands of counterfeit products including those bearing suit trade marks - Factors establish that defendants are offering counterfeit product bearing the suit trade marks for sale on their..........
Trade Marks Act, 1999, Section 34 -- Infringement of trade mark - Passing off - Suit for temporary injunction - Plaintiff prima facie supported with proof, that they had already been using their trademark well before attempted user of an identical or closely similar trademark by defendant - Thus, in light of first in the market test, the plaintiff were entitled to the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade Marks Act, 1999, Section 134, 135, Copyright Act, 1957, Section 55, 62 -- Temporary injunction - Restraining defendants from infringing/imitating the plaintiff's Trade Mark which is deceptively similar - Undertaking by defendant that he will change the colour and to use the trade mark which is not deceptively similar..........
