Showing : 1-10 of 36 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..........
DELHI HIGH COURT
Year of decision: 2017
Details
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 - Moreover,..........
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..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1, Trade Marks Act, 1999, Section 18, 27, 34-- Registered trade mark - Infringement of - Injunction against - Plaintiff is registered proprietor of the mark "ROFOL" - Defendant claims to be proprietor of the mark "PROFOL" - Plaintiff have registered the mark prior to the impugned mark being used by defendant - There is nothing on record which..........
DELHI HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Plaint - Amendment - Infringement of trade mark - Suit for injunction - Trade mark registered during pendency of suit - Sought to be incorporated in plaint by way of amendment - Fresh suit based on infringement will not be barred - There is no justification for refusing amendment - Amendment..........
DELHI HIGH COURT
Year of decision: 2012
Details
Trade Marks Act, 1999, Section 135-- Infringement of trade mark - Suit for injunction - Continuing cause of action - Held, infringement of a registered trade mark gives rise to a continuing cause of action so long as alleged infringement persists - Since this is not the case of defendants that use of impugned packaging has been..........

Showing : 1-10 of 36 Results