Bombay High Court
667 cases · page 22 of 23
Showing 631–659Arun Digamber Varangaonkar v.M/S. Kharpe Gruh Udyog And 2 Others
The plaintiff filed a suit alleging trademark and copyright infringement regarding his spices preparation under the mark 'GHARKUL' against the defendants. The court was asked by the defendants to revoke the ex parte leave granted to the plaintiff. After considering jurisdiction, the court found that the balance of convenience favored trying the case in Amravati, where both parties resided and manufactured goods.
Arun Digamber Varangaonkar v.M/S. Kharpe Gruth Udyog And Others
The plaintiff filed a suit alleging trademark and copyright infringement against the defendants concerning their masala products. The core dispute revolved around whether the Bombay High Court had proper jurisdiction to hear the case, given that both parties primarily resided and conducted business in Amravati. After considering the facts, including the residence of the plaintiff and manufacturing location of goods, the court determined that the balance of convenience favored a trial in Amravati. Consequently, the ex parte leave previously granted was revoked, allowing the defendants to proceed with their chamber summons.
Balsara Hygiene Products Ltd. v.Brighto Chemical Industrial
The plaintiff, Balsara Hygiene Products Ltd., sued Brighto Chemical Industrial for infringing its registered trade mark 'ODOPIC' and causing consumer confusion due to the defendant selling a similar product under the name 'magnet' with an identical label design. The court found that the defendant's actions constituted prima facie dishonest infringement of the plaintiff's trademark, rejecting the defense of delay or lack of jurisdiction.
American Home Products Corporation v.Lupin Laboratories Ltd.
The plaintiff filed an infringement action alleging that the defendant was using the deceptively similar trade mark "TOROLAC" for analgesic tablets, infringing upon the plaintiff's registered trade mark "ROLAC". The court found that the marks were deceptively similar and satisfied that the plaintiffs had made out a prima facie case of infringement.
Kirloskar Proprietary Ltd. v.Kirloskar Diesel Recon Pvt. Ltd.
This appeal before the Bombay High Court addressed applications for interim injunctions filed by members of the Kirloskar Group against other entities. The core dispute revolved around the unauthorized use of the word 'Kirloskar' in corporate names and trading styles. The court upheld the lower court's order, finding that the appellants were likely to deceive or confuse the public by adopting the name without proper affiliation with the established group.
Kirloskar Proprietary Ltd. v.Kirloskar Diesel Recon Pvt. Ltd.
The dispute involved multiple civil suits filed by Kirloskar Proprietary Ltd. (respondent/plaintiff) against various companies (appellants/defendants). The core issue was whether the appellants, despite not belonging to the 'Kirloskar Group of Companies', could use the word 'Kirloskar' in their corporate names and trading styles without infringing on the goodwill and reputation established by Kirloskar Proprietary Ltd. The Bombay High Court upheld the interim injunction, finding a likelihood of deception or confusion.
Carew Phipson Limited v.Deejay Distilleries Pvt. Limited
The plaintiffs, manufacturers of spirituous liquors, claimed that the defendants were deceptively using similar bottle labels and marks ('English Duet Gin N Lime', 'Duet Gin N Orange') for their competing alcoholic preparations. The plaintiffs sought interim relief for passing off and copyright infringement.
Gold Seal Engineering Product Pvt. Ltd. v.Hindustan Manufacturers And Others
The plaintiffs filed a suit seeking permanent injunctions against the defendants for alleged infringement of their registered trademarks ('Gold Star', 'Seal') and copyright. The defendants challenged the court's jurisdiction, arguing that the natural forum was Calcutta, as the defendants operated there.
Astra-Idl Limited v.Ttk Pharma Limited
Astra-Idl Limited filed a suit against Ttk Pharma Limited alleging infringement and passing off of its registered trade mark 'Betaloc' (used for pharmaceutical preparations) by the defendant using the similar trade mark 'Betalong'. The court found that the plaintiff had made out a strong prima facie case for interlocutory relief, despite arguments regarding delay.
Stup Consultants Ltd. v.Central Board Of Direct Taxes And Others
Stup Consultants Ltd. challenged the Central Board of Direct Taxes' refusal to approve agreements under Section 80-O of the Income-tax Act, 1961. The Board had rejected these applications by citing Section 80HHB(5), arguing that the agreements involved supply of designs for construction projects. The Bombay High Court ruled that the CBDT must examine the application strictly based on the criteria of Section 80-O (i.e., income from patent/design use outside India in convertible foreign exchange) and should not automatically disqualify it under Section 80HHB, thereby vitiating the Board's previous orders.
Colgate-Palmolive And Others v.Dr. K.V. Swaminathan And Another
Colgate-Palmolive challenged the Central Government's order rejecting its application to be registered as a Registered User for its trademarks in India. The government refused registration citing concerns over foreign brand names affecting indigenous industry development, particularly in the small scale sector manufacturing brushes. The High Court set aside this rejection order and directed the government to re-examine the applications.
Girnar Tea v.Brook Bond (India) Ltd.
Girnar Tea filed a suit for passing off against Brook Bond (India) Ltd. alleging that the latter was using the deceptively similar mark 'GULNAR' on tea cartons, thereby confusing consumers. The court found that both marks were phonetically and visually similar, and despite initial arguments regarding retail outlets, ruled in favor of Girnar Tea, granting an injunction.
Asim Gadighar v.Abdul Aziz S/O Lal Mohd Khureshi
The plaintiff filed a suit seeking declaration that the defendant could not use or copy the trade name and copyright of 'Azeem Gadi Ghar', along with permanent injunctions. The defendant challenged the jurisdiction of the District Court, arguing that passing off actions belonged exclusively to the Civil Judge (Junior Division).
The Singer Company And Anr. v.Union Of India (Uoi) And Ors.
The petitioners, owners of trade marks featuring "Singer", challenged letters issued by the Central Government that refused their applications to extend the period of use under Section 49(3) of the Trade Marks Act. The court held that since the refusal letters did not state specific reasons or consider the petitioners' contentions, they were not 'speaking orders'.
Hami Brothers v.Hami & Co. And Anr.
In this Bombay High Court case, Hami Brothers challenged the registration of the 'Majmua 96' trade mark held by Hami & Co., arguing that the numeral '96' was descriptive and thus invalid. The court examined whether the mark retained distinctiveness despite its age and use across various products. Ultimately, the court dismissed the petition, finding that there was insufficient evidence to prove the mark had lost its distinctive character or that it was registered fraudulently.
Press Metal Corporation Limited v.Noshir Sorabji Pochkhanawalla And Anr.
The petitioners appealed against an order by the Assistant Controller of Patents and Designs that dismissed their opposition to a patent grant. The core dispute centered on whether the muffler silencer improvement was novel, non-obvious, and adequately described in the application. The High Court found the Controller's approach erroneous, sustaining all grounds of opposition.
Central Camera Co. Private Ltd. v.Registrar Of Trade Marks
Central Camera Co. Private Ltd. appealed against the Registrar's refusal to register the trademark 'Solar' for photographic apparatus. The Registrar refused registration on two grounds: that 'Solar' was descriptive (Section 9(1)(d)) and that it conflicted with existing marks (Section 12(1)).
Indo-Pharma Pharmaceutical Works v.Pharmaceutical Company Of India
The plaintiff, proprietor of 'BUTACORTINDON', filed an infringement suit against the defendant, proprietor of 'BUTACORT'. The plaintiffs alleged that the defendant's use of BUTACORT constituted infringement. However, the defendants successfully argued that they were prior continuous users and thus entitled to protection under Section 33 of the Trade and Merchandise Marks Act, 1958.
Farbewerke Hoechst v.Unichem Laboratories And Ors.
Farbewerke Hoechst sued Unichem Laboratories for infringing Patent No. 58716, which covered the manufacture of sulphonyl-ureas like Tolbutamide (marketed as Rastinon). The defendants claimed non-infringement and challenged the validity of the patent. The court found that the plaintiffs' patent was valid and granted an injunction against the defendants.
Nekumar K. Porwal v.Mohanlal Hargovindas
The appeal challenged the Deputy Registrar's order rectifying a registered trademark (No. 131148) by deleting 'Bull' from 'Bull Dog'. The respondents argued the mark was deceptive, while the petitioner contended that the mark had been in use since 1910 and the respondents were estopped from challenging it after withdrawing their opposition. The High Court set aside the rectification order.
Consolidated Foods Corporation v.Brandon And Company Private Ltd.
Consolidated Foods Corporation appealed against the Joint Registrar of Trade Marks' decision that allowed Brandon And Company Private Ltd. to register the trademark 'Monarch'. The petitioner argued that it was the prior and exclusive proprietor of the mark globally and in India. The court found that the respondent company had copied the petitioner's mark, leading to the dismissal of the registration applications.
Abdul Sattar Mohmed Hussein v.Badrinarayan Bansilal And Ors.
This 1961 Bombay High Court judgment addressed allegations of trademark counterfeiting involving bidis. The court found that the accused parties were deliberately using labels and 'tiklis' (seals) similar to those registered by the complainant, Munshibai Bidi Works. Despite initial acquittal at the Magistrate level due to issues of limitation and lack of direct consumer deception evidence, the High Court overturned this finding. The judgment established that the use was systematic and deliberate, resulting in significant fines for the accused parties.
J.L. Mehta And Anr. v.Registrar Of Trade Marks
The Bombay High Court ruled in favor of the petitioners, J.L. Mehta And Anr., overturning the Registrar of Trade Marks' decision to expunge the trademark 'Sulekha'. The court held that despite dictionary definitions suggesting a meaning related to 'writing,' the word was primarily and popularly known as a female personal name. Since it did not directly describe the quality or nature of the fountain pens, the registration was upheld.
The Kohinoor Mills Co. Ltd. v.Vijay Bharat Thread Mills (India)
The petitioner, proprietor of the 'Sadhu' trade mark for yarn and thread, filed a petition seeking cancellation of the respondents' 'Sanyasi' design registration (No. D 82466). The core issues were the court's jurisdiction and whether the design was new or original. The Court ultimately cancelled the design registration.
The Anglo French Drug Co., (Eastern) v.R.D. Tinaikar
This appeal challenged the decision of the Deputy Registrar of Trade Marks who held that a Registered Trade Marks Agent was entitled to be heard during opposition proceedings for trade mark registration. The petitioners argued that an agent could only 'act,' but not 'plead' before the Registrar, citing provisions of the Bombay Pleaders Act. The High Court dismissed the appeal, affirming the Deputy Registrar's finding.
Dwarkadas Dhanji Sha v.Chhotalal Ravicarandas And Co.
The plaintiffs claimed ownership of a registered textile design and sued for infringement. The defendants argued that the design was previously published and therefore invalid. The court addressed whether the registration certificate is conclusive proof of originality or if prior publication could be raised as a defense.
J.C. Eno Limited v.Vishnu Chemical Co.
J.C. Eno Limited filed a passing off action against Vishnu Chemical Co., alleging that the defendants were selling saline under the name "Falaxar," which was a colorable imitation of the plaintiffs' well-known marks, "Eno" and "Fruit Salt." The court found that the plaintiffs had established a wide reputation for their product in India. Consequently, the court granted an injunction against the defendant while awarding profits to the plaintiff.
The Calico Printers Association v.Ahmed Abdul Karim Bros., Limited
The Calico Printers Association sued Ahmed Abdul Karim Bros., Limited for infringing their two registered textile designs through the import and sale of imitation printed goods. Although the defendants admitted to innocent infringement, they offered a settlement including payment of profits (Rs. 199). The court ultimately granted an injunction in favor of the plaintiffs and awarded damages equal to the admitted profits.
The Calico Printers Association v.Mitsubishi Shoji Kaisha Limited
The Calico Printers Association sued Mitsubishi Shoji Kaisha Limited for infringing a registered textile design. The core legal issue was whether the defendants were joint tortfeasors with an intermediary, Mustak & Co., and whether the acts constituting infringement occurred within British India. The court ultimately allowed the appeal and granted an injunction.
Gillette Industries Limited v.Yeshwant Brothers
Gillette Industries Limited sued Yeshwant Brothers for infringing a patent related to safety razor blades. The plaintiffs alleged that the defendants were importing and selling razor blades bearing names like 'Navy Blade' which infringed their patented design. The court found the patent valid, established infringement, and granted an injunction along with nominal damages.
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