Bombay High Court
637 cases · page 17 of 22
Showing 481–509Inception Media LLP v.Star India Pvt. Ltd.
The Plaintiff, Inception Media LLP, filed a Notice of Motion alleging copyright infringement and breach of confidentiality against Star India Pvt. Ltd., claiming ownership over a concept note for a TV serial titled "Ye Tera Ghar Ye Mera Ghar". The Plaintiff asserted that this confidential material was disclosed to Star India, which subsequently produced a similar promotional video. However, the Court dismissed the motion, finding that the Plaintiff failed to establish a prima facie case regarding copyright and confidentiality.
Jyoti Kapoor v.Kunal Kohli
The Plaintiffs, claiming to be the author and first owner of the copyright in the original screenplay 'R.S.V.P', filed suit alleging infringement of copyright and breach of confidence against the Defendants for producing a film titled 'Phir Se' using their script without consent. The court found that the Plaintiffs had a strong case and granted an ad-interim injunction to prevent the release of 'Phir Se'.
Darius Rutton Kavasmaneck v.Gharda Chemicals Ltd.
This appeal involved a minority shareholder, Darius Rutton Kavasmaneck, challenging Gharda Chemicals Ltd. (Defendant No. 1) and its Managing Director (Defendant No. 2). The core grievance was that Defendant No. 2 had obtained several patents in his individual name despite using the company's substantial research and development infrastructure and investment. The plaintiff argued these patents belonged to the company, asserting a fiduciary duty breach by the MD. However, the Bombay High Court ultimately rejected the prayer for interim relief, finding no compelling reason to grant protection based solely on apprehension.
Beyond Dreams Entertainment Pvt. Ltd. v.Zee Entertainment Enterprises Ltd.
Plaintiffs, a production house, filed suit alleging that their concept notes and literary works for a TV series titled 'Badki Bahu' were shared with Defendant No.1 under confidence. The Plaintiffs claim that the Defendants subsequently produced a serial, 'Badi Devrani', based on this confidential material and infringed their copyright. The Court granted an ad-interim injunction to protect the Plaintiffs' material.
Ultratech Cement Ltd. v.Dalmia Cement Bharat Ltd.
The petitioners, registered proprietors of trade marks containing 'UltraTech' or 'Ultra', sought leave to combine their cause of action for infringement with a cause of action for passing off against the defendant. The defendant challenged the court's jurisdiction under Section 134(2) of the Trade Marks Act, 1999. The Court held that it possessed original jurisdiction and allowed the combination of both causes of action.
Blue Cross Laboratories Ltd. v.RB Remedies Pvt. Ltd. & Anr.
The Bombay High Court ruled in favor of Blue Cross Laboratories, granting an interim injunction against RB Remedies Pvt. Ltd. The court found that the marks 'CEDON' and 'CEFDON' were deceptively similar, establishing a prima facie case for trademark infringement and passing off. Furthermore, the court allowed the plaintiff to combine both causes of action into the suit, dismissing the defendant's attempt to reject the plaint.
Darius Rutton Kavasmaneck v.Gharda Chemicals Limited
The Plaintiff, a minority shareholder, filed a derivative action alleging that Defendant No.2 (Chairman/MD) obtained and applied for several patents in his individual name instead of in the name of Defendant No.1 (the company). The court examined whether the plaintiff had locus standi to file this suit on behalf of the company.
Neon Laboratories Ltd. v.Themis Medicare Ltd. and Ciron Drugs & Pharmaceuticals Pvt. Ltd.
The Bombay High Court granted interim relief in favor of Neon Laboratories Ltd. against Themis Medicare Ltd. and Ciron Drugs & Pharmaceuticals Pvt. Ltd., finding a prima facie case of trademark infringement and passing off. The court held that the Defendants' use of the 'XYLOX Family' marks was deceptively similar to the Plaintiff's established 'LOX Family' marks, despite the addition of the prefix 'XY'. Consequently, the Court issued an injunction restraining the Defendants from using the rival marks and ordered the appointment of a Court Receiver over the infringing goods.
Brihan Karan Sugar Syndicate Private Limited v.South Konkan Distilleries
The Plaintiff, holding a registered trademark 'TANGO PUNCH', filed suit alleging that the Defendant was manufacturing and selling country liquor in bottles embossed with the Plaintiff's trade mark. The Plaintiff claimed this constituted infringement and passing off. The Court found that the Defendant's use fell squarely within Section 29(3) of the Act, leading to the grant of injunctions.
Mahindra & Mahindra Limited v.MNM Marketing Pvt. Ltd.
The Bombay High Court granted temporary relief in favor of Mahindra & Mahindra Limited against MNM Marketing Pvt. Ltd., finding that the abbreviation 'M & M' enjoys protection as a registered trademark. The court issued a comprehensive injunction preventing the defendants from using the impugned marks, similar domain names (like www.mandmstores.in), or passing off their goods and services as those of the plaintiffs. Furthermore, Defendant No. 1 was mandated to delete 'MNM' from its corporate name within four weeks.
Bayer Corporation v.Union of India Through The Secretary; The Controller of Patents; Natco Pharma Limited
Bayer Corporation challenged the order by the Intellectual Property Appellate Board (IPAB) which upheld the Controller's decision to grant a Compulsory License to Natco Pharma Limited. The license was granted for Bayer's patented drug, Sorafenib Tosylate (Nexavar), used in treating various cancers.
Whirlpool Of India Ltd v.Videocon Industries Ltd
Whirlpool, a manufacturer of washing machines, sued Videocon Industries for infringing its two valid design registrations (Nos. 223833 and 223835) through the 'Videocon Pebble' brand, alleging that the Defendant's product was visually indistinguishable from theirs. The dispute also involved whether infringement or passing off actions could be maintained against a party who held a registered design.
Darius Rutton Kavasmaneck v.Gharda Chemicals Limited
The plaintiff filed a suit seeking a declaration that certain patents belong to Defendant No. 1 and requesting Defendant No. 2 to assign them without compensation. The applicants, who hold shares in Defendant No. 1, sought impleadment as party defendants, arguing the suit was a derivative action benefiting minority shareholders. The court dismissed the Chamber Summons, finding that the interests of the plaintiff and the applicants were not common or rival.
Teijin Limited v.Union of India Through The Secretary, Department of Industry, Ministry of Industry and Commerce
Teijin Limited filed a writ petition seeking to quash orders that declared its Patent No. 207883 as ceased due to non-payment of renewal fees (annuities). The Petitioner argued that payments for various annuities, including the 3rd to 9th and 10th year, were made but incorrectly recorded by the Patent Office. The Court found in favor of the Petitioner, directing the restoration of the patent.
Kuber Khaini Private Limited v.Sopariwala Exports And Another
The Bombay High Court affirmed the lower court's decision, finding that Kuber Khaini Private Limited had adopted a deceptively similar trade-dress and label design to that of Sopariwala Exports. Although the Appellant used a different word mark ('Kuber' vs 'Afzal'), the court ruled that the adoption of the entire color scheme, get up, and descriptive elements constituted an attempt to trade on the Respondent's reputation. The judgment clarified that while a trademark disclaimer limits statutory infringement claims, it does not prevent a claim for passing off based on deceptive similarity.
Vov Cosmetics Private Limited v.Union of India
Vov Cosmetics Private Limited challenged an order directing it to change its corporate name due to perceived resemblance with another entity. The dispute centered on whether the similarity in names, particularly involving the 'VOV' mark used in cosmetics, mandated rectification under the Companies Act. The Bombay High Court quashed the impugned order, emphasizing that mere similarity is not sufficient grounds for mandatory rectification and directing a fresh hearing.
Adai Mehra Production Pvt. Ltd. v.Mr Sumeet P. Mehra and Mr Puneet P. Mehra
This case before the Bombay High Court involved Adai Mehra Production Pvt. Ltd. challenging an interim order passed by an arbitrator concerning the remake rights of the classic film 'Zanjeer'. The dispute centered on the ownership and licensing of the original film's intellectual property, specifically its copyright in the screenplay. The court ultimately set aside the restrictive interim measures while allowing the petitioner to proceed with the film's production, provided certain financial conditions were met and subject to the final arbitration outcome.
Ramesh Sippy v.Shaan Ranjeet Uttamsingh and others (Defendant Nos. 1 to 9)
Ramesh Sippy filed a suit claiming to be the author and first owner of the copyright and Author's Special Rights in the film 'Sholay' and related films. He sought a temporary injunction against defendants who were dealing with or disposing of rights related to 'Sholay', including its 3D version. The court ultimately denied the ad-interim relief, finding that the Plaintiff failed to make out a prima facie case.
Enercon (India) Ltd. v.Enercon GmbH
This case involved disputes between Enercon (India) Ltd. and Enercon GmbH concerning a joint venture business manufacturing Wind Turbine Generators (WTG's). The core dispute revolved around the interpretation of their Intellectual Property License Agreement (IPLA), which covered technical know-how for producing these generators. The petitions challenged previous court orders regarding arbitration and an anti-suit injunction, leading the Bombay High Court to clarify jurisdictional issues.
United Spirits Ltd. v.Invincible Entertainment Pvt.Ltd.
United Spirits Ltd. sought an urgent injunction against Invincible Entertainment Pvt.Ltd., alleging that the film 'Kismat Love Paisa Dilli' disparaged its registered trademark 'Black Dog' whisky. The Plaintiff argued that the use of the phrase in promotional clips infringed upon their brand reputation. However, the Bombay High Court refused the ad-interim relief, finding that the balance of convenience tilted in favor of the Defendants, especially since they had already agreed to delete the objected scenes and dialogues.
Sopariwala Exports & Anr v.Kuber Khaini Private Limited
The plaintiffs, manufacturers of tobacco under the trademark 'AFZAL', filed a suit alleging that the defendants infringed their registered trademarks and copyrights by using a deceptively similar label. The court found that the defendant's label was a deceptive imitation of the plaintiff's established mark and granted interim injunctions.
M/s.Whirpool Of India Ltd. v.M/s.Videocon Industries Ltd.
The plaintiff, a manufacturer of consumer products including washing machines, sought an interim injunction against the defendant for infringing two registered designs (Nos. 223833 and 223835) and for passing off its product. The court found that the defendant's product was a deceptive imitation based on the 'judged solely by eye' test, making a prima facie case for infringement.
M/s.Whirpool Of India Ltd. v.M/s.Videocon Industries Ltd.
The plaintiff, a manufacturer of consumer goods, sought an interim injunction against the defendant for infringing its registered washing machine designs (Nos. 223833 and 223835) and for passing off its products as the plaintiff's. The court found that a prima facie case was made out for infringement and passing off, leading to the grant of ad-interim relief.
Jer Rutton Kavasmaneck @ Jer Jawhar Thadani v.Gharda Chemicals Ltd.
The Plaintiffs filed a suit seeking declarations regarding patent ownership, transfer orders, injunctions against both parties, disclosure of transactions, and payment of profits earned by the 2nd Defendant from the patents. The Defendants challenged the jurisdiction of the High Court based on the valuation of the suit for court fees. The Court ultimately held that it has jurisdiction to take cognizance of the suit.
Ctr Manufacturing Industries Limited v.Sergi Transformer Explosion Prevention Technologies Limited
The plaintiff (CTR Manufacturing Industries Limited) filed a patent infringement suit against Defendant No. 1 (Sergi Transformer Explosion Prevention Technologies Limited) concerning fire systems patents. The appeals challenged interim orders passed by the District Court, particularly regarding injunctions and sales restrictions. The Bombay High Court quashed these impugned orders, holding them to be ad-interim and subsisting, allowing the original suit to proceed.
Ctr Manufacturing Industries Limited v.Sergi Transformer Explosion Prevention Technologies Limited
The appeal challenged orders passed by the District Court regarding a patent infringement suit concerning fire systems. The plaintiff claimed its method patent was superior to Defendant No. 1's mechanical device and alleged infringement of its patent by 'SERGI 3000'.
Asian Rubber Industries v.Jasco Rubbers, Manpasand Footwear (Original Plaintiff)
Asian Rubber Industries challenged an interim injunction granted against them for passing off, while Jasco Rubbers sought to overturn a refusal to grant an injunction based on design infringement. The court found that the defendants' footwear was identical/deceptive to the plaintiff's registered designs and allowed the appeal challenging the ad-interim injunction.
Shree Siayaram Fab Private Limited v.Siyaram Silk Mills Ltd.
The appeals challenged the Single Judge's orders regarding a suit for infringement and passing off. The core issue was whether the plaintiff could file an infringement suit despite the defendant having a registered trademark, which the appellant argued barred the suit under Order 7 Rule 11 CPC.
M/s.Siyaram Silk Mills Limited v.M/s.Shree Siyaram Fab Private Limited
The defendants filed a notice of motion seeking rejection of the plaintiff's plaint, arguing that since their mark was also registered, the suit for infringement was not maintainable. The court rejected this contention, holding that while sections like 29 and 30(2)(e) provide defenses to an infringement action, they do not bar the inherent jurisdiction of the Court to entertain the suit.
Sun Pharmaceuticals Industries Limited v.Emcure Pharmaceuticals Limited
The Bombay High Court addressed a suit concerning trademark infringement and passing off between Sun Pharmaceuticals (owner of 'SUSTEN') and Emcure Pharmaceuticals (owner of 'SUSTINEX'). Although the plaintiff was the prior user, the court ultimately found that 'SUSTINEX' was not deceptively similar to 'SUSTEN'. The judgment emphasized phonetic distinctiveness, noting a clear audible divide in 'SUSTINEX', leading to the dismissal of the plaintiff's notice of motion.
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