Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Passing off - An action for passing-off lies when the defendant company's name, or its intended, name, is calculated to deceive, and so to divert business from the plaintiff or to occasion a confusion between the two businesses - Where there is probability of confusion in business, an injunction will be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Injunction - Principles for the grant of injunction are the same as in the case of any other action against injury complained of - Plaintiff must prove a prima facie case, availability of balance of convenience in his favour and his suffering an irreparable injury in the absence of grant of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Injunction - Some of the principles governing are - Whether there is a likelihood of deception or confusion arising is a matter for decision by the Court and that all factors which are likely to create or allay deception or confusion must be considered in combination - Factors creating confusion are the nature..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Injunction - Plaintiff using the word 'Mahindra' and 'Mahindra & Mahindra' in its companies/business concerns for five decades - Name has acquired a distinctiveness in trade circles - People have associated the name 'Mahindra' with a certain standard of goods and services - Use of such name by others will..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - It is not appropriate to hold mini trial at the stage of grant of temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Temporary injunction - Action for passing of and infringement of trade mark - Both appellant and respondent carrying on similar business of plywood and wood products - Both using 'UNIPLY' and 'UNIBOARD' as trade marks - Both filing separate suits and seeking temporary injunction - Both applying for..........
Civil Procedure Code, 1908, Order 15, Rule 1 -- Admission or denial in written statement - Interference in possession - Restraint order sought - In written statement defendant asserting that he is not carrying on construction in any one's site and that he does not claim any right in suit land and he has not trespassed into the site, the plaintiff is not entitled to the..........
Easement Act, 1882, Section 35 -- Easement rights - Injunction restraining disturbance - Drainage of water and right of light and air - On appellant's property abetting respondent's property there was a small room - Water from roof used to flow into open land belonging to respondent - Earlier entire property belonged to second respondent - sale to both appellant and..........
Specific Relief Act, 1963, Section 34, 37, 38 -- Suit for declaration and injunction - Appellant purchased land comprised in a particular survey number - Respondent purchased land comprised in another survey number adjoining appellants land - Allegation that respondent encroached into appellant's land - Appellant in possession of land more than measurement stated in survey..........
Civil Procedure Code, 1908, Section 152 -- Clerical or arithmetical mistakes - Correction in judgment and decree - Mutual consent divorce petition - Separate memorandum of agreement between parties - Averment in divorce petition that agreement be treated as part and parcel of petition - However, prayer not made that agreement be made part of decree - Decree dissolving..........
