Bombay High Court
667 cases · page 20 of 23
Showing 571–599I Plus Inc. v.Consim Info Private Limited
The Bombay High Court dismissed I Plus Inc.'s Notice of Motion seeking an injunction against Consim Info Private Limited regarding similar domain names, IndiaProperties.com and IndiaProperty.com. The court held that the terms 'India' and 'Property' are generic and descriptive words, incapable of trademark protection. Furthermore, considering the extensive use and established goodwill of the defendant, the balance of convenience tilted in their favor, leading to the denial of interim relief.
M/S.Goldgem Overseas v.Flawless Diamond (India) Ltd.
The Bombay High Court granted an injunction in favor of M/S.Goldgem Overseas against Flawless Diamond (India) Ltd. regarding the use of the trademark 'AUM' for diamond jewellery. The court found that despite minor stylistic differences, the marks were visually and phonetically identical, constituting infringement under the Trademark Act. The judgment emphasized that when essential features are adopted by a defendant, infringement is established, regardless of packaging or other superficial distinctions.
Garware - Wall Ropes Ltd. v.M/s. A.I. Chopra, Engineers & Contractors
Garware - Wall Ropes Ltd. filed a suit claiming infringement of its patents (GSWR and Spiral Lock Systems) by M/s. A.I. Chopra. The appeal challenged the rejection of the temporary injunction application. The court allowed the appeal, quashed the impugned order, and issued a temporary injunction against the respondent.
Deccan Bottling & Distilling Industries Private Limited v.Brihan Maharashtra Sugar Syndicate Limited
The Bombay High Court dismissed an appeal filed by Deccan Bottling & Distilling Industries Private Limited against a temporary injunction granted in favor of Brihan Maharashtra Sugar Syndicate Limited. The dispute centered on alleged passing off and trademark infringement related to country liquor labels ('Paru Santra' vs 'Sakhu Santra'). While the trial court had found prima facie evidence of deceptive similarity, the High Court upheld this finding, confirming that the plaintiff (respondent) had established a sufficient case for injunction based on the visual impression of the competing marks.
The International Association of Lions Clubs v.The Association of Lions India
The International Association of Lions Clubs filed a suit against The Association of Lions India, alleging multiple infringements. The plaintiffs claimed that the defendants were wrongfully adopting their registered trademarks, specifically 'LION', and engaging in acts of passing off by using similar names. Furthermore, they alleged copyright infringement through the adoption of insignia and substantial copying of the Plaintiffs' Constitution and By-Laws. The suit also included claims regarding defamation due to negative reports published by the defendants.
Ravi Kamal Bali v.Kala Tech And Ors.
The Plaintiff sought an injunction against the Defendants for manufacturing and selling tamper-proof locks/seals that allegedly infringed his patents. The court examined the infringement claims, noting the similarity between the parties' products. However, the court ultimately denied the injunction due to the Plaintiff's significant delay in bringing the matter before the court.
I.T.C. Limited v.G.T.C. Industries Ltd.
The Bombay High Court set aside a previous decision that allowed the registration of the trademark 'MAGNUM' for tobacco products. The court ruled that 'MAGNUM,' being a laudatory and descriptive term meaning 'great,' served as an indication of the quality or value of the goods. Given that the primary purchasers are common people, the court held that such descriptive marks cannot be registered under Section 9(1)(b) of the Trade Marks Act.
Garware-Wall Ropes Ltd. v.A.I. Chopra And Anr.
The plaintiff filed a suit seeking a declaration that the defendant was not entitled to manufacture or sell products patented by the plaintiff (GSWR and Spiral Lock Systems), along with a perpetual injunction. The dispute centered on whether the defendant's actions constituted patent infringement despite contractual stipulations regarding royalty and indemnity.
Zee Entertainment Enterprises Ltd. v.Mr. Gajendra Singh And Ors.
Zee Entertainment Enterprises Ltd. filed a suit seeking perpetual injunction and damages against defendants for infringing its copyright in the television game show "Titan Antakshari" and passing off its competing show, "Antakshari - The Great Challenge," as associated with Zee's program. The court addressed the interim relief sought by the Plaintiff.
Goenkarancho Ekvot, A Society v.Union Of India (Uoi)
The petitioner society filed a writ petition seeking to enforce the Emblems And Names (Prevention of Improper Use) Act, 1950, against the use of the name 'Goa' in relation to Gutka and Pan Masala products. The core dispute involved whether the trade mark "Goa 1000 Gutka" infringed state emblems or suggested government patronage.
Urmi Juvekar Chiang v.Global Broadcast News Limited
The Plaintiff, a script-writer, claimed that the Defendants were infringing her copyright and breaching confidentiality by broadcasting a program titled 'Summer Showdown'. The Plaintiff asserted that this program was based on her original literary work, the concept note for 'Work in Progress', which she had shared with the Defendants. The Court granted an ad-interim injunction restraining the Defendants from further infringement or breach of confidence.
R.K. Patel And Co., Tobacco ... v.Shri Rajdhar Kalu Patil @ Patel And Ors.
The Bombay High Court upheld the trial court's decision to grant a temporary injunction in favor of the plaintiffs (R.K. Patel And Co., Tobacco) against the defendants, finding that the defendant's actions constituted trade mark infringement and passing off. The judgment affirmed that the plaintiffs were entitled to injunctive relief based on prima facie evidence. Furthermore, the Court directed the expeditious disposal of the underlying suit, recognizing its age.
Contests2Win.Com India Private v.Cell Cast Interactive India Private
The plaintiff filed a suit alleging that the defendant committed passing off by using the mark 'Bid2Win'. The plaintiff sought an ad-interim injunction restraining the defendant from using similar marks. The court examined the claims, noting that the word '2win' is common worldwide and the defendant was using it bona fide.
Encore Electronics Ltd., A Limited v.Anchor Electronics And Electricals
The Bombay High Court upheld an earlier injunction, ruling in favor of the plaintiff regarding trademark infringement and passing off. The court found that the defendant's mark 'Encore' was deceptively similar to the established plaintiff mark 'Anchor,' particularly when considered phonetically and visually in Indian languages like Gujarati and Devanagari scripts. Given the plaintiff's extensive reputation and investment, the court determined that an injunction was necessary to prevent irreparable harm.
Speaking Roses International Inc. v.Controller-General Of Patents And Anr.
The Petitioners applied for a patent for a method of providing an image on organic products (flowers). The Controller-General rejected the application, citing Section 3(j) exclusion and lack of inventive step. The Bombay High Court overturned this rejection, finding that the mechanical process was outside the scope of biological exclusions and demonstrated sufficient novelty compared to prior art.
Sun Pharmaceutical Industries Limited v.Cipla Limited
The Bombay High Court rejected Sun Pharmaceutical Industries Limited's application for an interim injunction against Cipla Limited regarding the use of the trade mark 'Graniset'. Despite the similarity in marks and their use in treating nausea related to chemotherapy, the court found that the plaintiff lacked a prima facie proprietary right in the mark. The judgment highlighted the importance of prior user rights versus registration, while also noting the plaintiff's failure to provide supporting medical evidence for potential consumer confusion.
Jhaveri Industries v.Majethia Masala
The Bombay High Court ruled against Jhaveri Industries, finding that the use of 'Rajwadi' by Majethia Masala did not constitute trademark infringement or passing off. The court emphasized that since only 'Badshah' was registered and 'Rajwadi' had a disclaimer, the term is considered descriptive and generic for a type of masala. Consequently, the Plaintiffs failed to establish a prima facie case for granting interim relief.
Bharati Cellular Ltd. v.Jai Distillers P. Ltd.
The Bombay High Court ruled in favor of Bharati Cellular Ltd., finding that Jai Distillers P. Ltd. was engaging in passing off and copyright infringement. The court determined that the defendant's use of the identical word mark 'AirTel,' combined with an absolutely identical artistic label design and color scheme, constituted dishonest copying. Despite the goods being different (telecom services vs. alcoholic beverages), the similarity led to a clear likelihood of consumer confusion, warranting an injunction.
International Association Of Lions v.National Association Of Indian Lions
The International Association Of Lions filed a suit against the National Association Of Indian Lions seeking injunctions based on trademark, passing off, and copyright infringement related to the use of 'LION' or 'LEOS'. The primary dispute centered on whether the Bombay High Court had jurisdiction over the defendant, whose activities were primarily restricted to Rajasthan. The court ultimately held that it possessed jurisdiction to hear the suit.
Veegee Products v.Sou. Nayan Bharat Davda
The Bombay High Court quashed an interlocutory injunction granted by the lower court, allowing Veegee Products (the appellant) to continue manufacturing and marketing its disinfectant powder under the trademark 'Carbo-dust'. The court found that a prima facie comparison of the marks, logos, color schemes, and packaging did not suggest a deceptive similarity. Furthermore, it noted that the primary purchasers were local governmental authorities who follow formal procurement processes, making consumer confusion unlikely at this stage.
Medley Pharmaceuticals Ltd. v.Khandelwal Laboratories Ltd.
The Bombay High Court dismissed the plaintiff's motion seeking an interim injunction in a passing off suit. The court found that the trade marks, including those with the prefix 'CEF,' are commonly used across the pharmaceutical industry. Given the prevalence of similar prefixes and suffixes derived from chemical compounds like Cefixime, the court held that the plaintiff failed to establish exclusivity or reputation for their mark, thus denying the injunction.
Hawkins Cookers Ltd. v.Zaverchand Liladhar Shah And Ors.
Hawkins Cookers Ltd. filed a petition seeking cancellation of a registered design (No. 164949) held by Respondent No. 1, claiming that their own prior innovation was copied. The court examined the registration certificate and found that it covered the entire Tava along with its handle, not just the innovative part. Ultimately, the court dismissed the petition, finding no case for infringement.
Novartis Ag And Anr. v.Mehar Pharma And Anr.
Novartis sought an interim injunction restraining Mehar Pharma from manufacturing, selling, or exporting its anti-cancer drug 'VEENAT', which was alleged to infringe Novartis's Exclusive Marketing Rights (EMR) for 'B-crystalline form of imatinib Mesyiate salt'. The court ultimately denied the temporary injunction, citing concerns about disrupting the supply of this life-saving drug in India.
Vidarbha Distillers v.Vidarbha Bottlers Pvt. Ltd.
The Bombay High Court dismissed an appeal filed by Vidarbha Distillers challenging a lower court's rejection of a temporary injunction application in a trademark infringement suit. The appellant argued that the respondent was deceptively imitating their 'Santri 5000' label, but the appellate court found no grounds to interfere with the trial judge's exercise of discretion. Instead, the High Court directed the trial court to expedite the disposal of the main trade mark suit on its merits.
Majid A. Oomerbhoy v.Rashi S. Oomerbhoy And Ors.
This contempt petition was filed by Majid A. Oomerbhoy against Rashi S. Oomerbhoy and others, alleging that they violated a prior court order dated July 30, 2001, which prohibited partners of M/s Ahmed Omerbhoy from using the firm's trade marks (MASTAAN and POSTMAN). The petitioner claimed the respondents continued manufacturing and distributing products under similar names. However, the Court ultimately found that there was insufficient certainty to prove willful contempt beyond a reasonable doubt, noting that the infringement suit itself was still pending.
Brihan Maharashtra Sugar Syndicate v.Meher Distilleries Pvt. Ltd.
The appellant challenged a trial court judgment that granted permanent injunctions in favor of the respondents regarding the alleged infringement of their copyrighted artistic label, 'PRINCE SANTRA', by using similar labels like 'No. 1 TANGO SANTRA'. The Bombay High Court heard an application for interim stay of the decree.
International Standards Certification (South Asia) Pvt. Ltd. v.International Standards Certifications Pty. Ltd.
This appeal before the Bombay High Court addressed a dispute over the use of the phrase 'International Standards Certifications.' The core issue was whether the Indian entity, Appellant No. 1 (a joint venture), was passing off its services as those provided by Respondent No. 1, an Australian company. The court upheld the lower court's order restraining the appellants from using the specific name and logo, finding that the reputation acquired did not automatically transfer to the original rights holder.
Tapria Tools Limited v.Eastman Cast And Forge Limited
Tapria Tools Limited filed a notice of motion seeking an injunction against Eastman Cast And Forge Limited for pirating and infringing its registered designs (Nos. 167097 and 178415) related to adjustable wrenches and plier sleeves. The plaintiffs argued that the defendant's products were fraudulent imitations, while the defendants claimed lack of novelty and common usage. The court found a strong prima facie case in favor of the plaintiffs.
Faber-Castell Aktiengesellschaft v.Pikpen (P.) Ltd.
The plaintiffs, who manufacture and market textmarkers under the 'Faber-Castell' brand with a registered distinctive design, filed a motion alleging that the defendant was breaching an existing injunction by continuing to sell deceptively similar products despite cosmetic alterations. The court examined the changes made by the defendant and accepted their undertaking to make further distinguishable changes.
Sun Pharmaceutical Industries Limited v.Wyeth Holdings Corporation And Anr.
The Bombay High Court dismissed the appeal filed by Sun Pharmaceutical Industries Limited against an interim order favoring Wyeth Holdings Corporation. The core dispute involved alleged infringement and passing off, where Wyeth held the registered trademark 'Pacitane' for anti-spasmodic preparations, and Sun used 'Parkitane'. The court found that due to the identical field of activity, common composition (Trihexylphenidyl), and high likelihood of consumer confusion, the appellants' use was fraudulent. Consequently, the court upheld the protective order granted to Wyeth.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.