registration
of the plaintiff's trade mark in an infringement
suit?"
2. The learned Single Judge felt the need to make this
reference ... taken
by the defendant at an interlocutory stage in a suit for infringement
of registered trade mark (judgment dated 16 February
Plaintiff in the circumstances filed the present suit against the
Defendant for infringement of the said designs; passing off; and damages. The
Plaintiff also took ... pleased to grant an ad-interim injunction in respect of both
infringement and passing off. The Defendant's challenge to the said decision
Notice of Motion is now taken up for final hearing.
4. The infringement alleged by the Plaintiff relates to three registered
trademarks (two word marks ... marks (a registered mark and the offending/impugned mark) in an
infringement action, the Court will compare the offending/impugned mark with the
prominent
Plaint. The above suit seeks two fold reliefs i.e. against: (i) infringement and (ii)
passing off. This Court has jurisdiction to entertain the suit ... infringement by
virtue of the provisions of Section 134 of the Trade Marks Act, 1999 ("the Act"). The
infringement action before this Court
June, 2007, the Plaintiff filed the present Suit against the Defendant
for infringement of its trademark "EVANOVA" and passing off the Defendant ... present Suit is not merely for passing off but
also for infringement. Relying on the decision of this Court in Medley
Pharmaceuticals Ltd. vs. Khandelwal
Plaintiff has filed the present Suit against the Defendants inter
alia, for infringement of their registered trademark ANTI-THYROX and also,
passing off in respect ... decision in the case of Pidilite Industries Ltd. (Supra) relates to
infringement of copyright in addition to infringement of trade mark
January 2018, the Plaintif therefore filed two Suits against the
Defendants for infringement of copyright thereby disputing the Defendants' right
to avail ... does not constitute an infringement of copyright. He
submitted that it is equivalent to a member of the public making a copy of audio /
song
September, 2013, the Plaintiff filed the above Suit against the Defendants for
infringement of its trademark and passing off the Defendants' goods as those ... identical and/or deceptively similar
trademark by the Defendant amounts to infringement of the Plaintiff's trademark.
7.2 The adoption
Petitioners ("Plaintiffs") have filed the present Suit, inter alia, for
infringement of its registered trademarks being "UltraTech Cement" and/or marks ... According to the Plaintiffs, this Court has jurisdiction to grant reliefs for
infringement of trademarks in view of the fact that the Plaintiffs carry
plaintiff has therefore submitted that
the defendants are guilty of infringement of the plaintiff's mark "ONCO
BCG" and are also guilty ... such goods. At the trial
of the suit it was held that infringement was proved and there was
likelihood of confusion arising from
