Showing : 1-10 of 30 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
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..........
KARNATAKA HIGH COURT
Year of decision: 2016
Details
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 - Ex-employees are injuncted..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
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 to mark of plaintiff - Court allowed defendant on the..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 4-- Ex parte ad interim injunction - Vacation of - Infringement of trade mark - Plaintiff has been prima facie guilty of suppression and concealment of material facts - Even on merits, plaintiff does not have a prima facie case - Both plaintiff as well as defendants are operating in their own spheres..........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, Rule 4, Trade Marks Act, 1999, Section 28(3)-- Ex parte ad interim injunction - Vacation of - Infringement of trade mark - If an action for violation or infringement of trade mark is brought about by party against another person or a defendant claiming infringement whose trade mark is also registered though in different class such an action..........
KARNATAKA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 94, 135, Order 39, Rule 1, 2, 3A-- and Trade Marks Act, 1999, - Temporary injunction - Registered trade mark - Infringement - Trial court is empowered to consider prayer for grant of an ex parte order of temporary injunction - However, it would be in its realm or domain to examine facts of each case either to grant or refuse an..........
DELHI HIGH COURT
Year of decision: 2011
Details
Trade Marks Act, 1999, Section 142, Specific Relief Act, 1963, Section 38-- Infringement of trade mark - Suit for injunction - Held, injunction can be sought not only in a case of actual use but also in a case of threatened use of a trademark - Owner of a trademark is well within his right in coming to Court, for grant of an injunction, the moment he has a genuine..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 20, Order 7, Rule 11, Trade Marks Act, 1999, Section 134(2), Copyright Act, 1957, Section 62-- Appellant filed a suit for permanent injunction restraining respondent from infringement of trade mark, copy right, rendition of accounts etc. against respondent at Amritsar - Application filed by respondent U.O.7.R. 11 CPC which was allowed and it was ordered that plaint in original be returned..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Trade and Merchandise Marks Act, 1958, Section 29, 106-- Trade mark - Passing off - Temporary injunction - Mere delay in bringing the matter to Court is not a ground to defeat the case of the plaintiff...........

Showing : 1-10 of 30 Results