26 May 2020

Search Results for Tag : 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


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


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


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


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


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


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


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


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


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


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


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



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


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


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


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


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


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