Interim Order
158 interim order decisions from Bombay High Court.
Interim Order Decisions
158 cases | Page 1 of 6
Allied Blenders And Distillers Limited v.Vijayawada Distilleries Private Limited & Another
The plaintiff filed an interim application alleging infringement of its well-known trade mark, "OFFICER'S CHOICE," and related labels by the defendants who adopted deceptively similar marks like "EXECUTIVE CHOICE" and "OLD CROWN". The court examined the proprietary rights, noting that the Plaintiff had secured registrations for these marks and variants. Based on a prima facie comparison of the rival marks and evidence of deceptive similarity, the court granted ad-interim relief.
Merchint Foods and Hospitality Pvt. Ltd. v.Samtani Brothers Pvt. Ltd. & Ors.
The petitioner filed a Leave Petition seeking permission under Clause XII of the Letters Patent Act to institute a suit against the respondent. The petitioner argued that despite the respondents residing outside the court's jurisdiction, the transactions and effects of trademark infringement and passing off were felt within Mumbai. The Court granted leave for the proposed suit.
Trackon Couriers Private Limited v.B N Srinivas
The Plaintiff, a courier service company, sought an interim injunction against the Defendant for using marks containing 'TRACK-ON' or 'TRACK-ON EXPRESS', which are confusingly similar to the Plaintiff's registered trademarks. The court found that the Plaintiff had made out a strong prima facie case and granted temporary relief.
Bhupesh Sevantilal Shah v.Lyka Bdr International Limited
The applicant filed an Interim Application in aid of Execution Application seeking the execution of an award dated November 15, 2023. The court granted directions requiring the respondent to disclose all particulars of their assets, including intellectual property rights (patents, copyrights, trademarks), within four weeks.
Shilpa Shetty Kundra v.Getoutlive.in & Ors.
Shilpa Shetty Kundra filed an Interim Application alleging that unknown persons used her photographs to generate and circulate obscene, sexually explicit deepfake content created via artificial intelligence. She sought immediate orders to remove all infringing content from online platforms due to the severe damage to her reputation and dignity. The Court passed an interim order directing all defendants to delete the specified URLs and instructing government bodies (MeitY and DoT) to pull down the unlawful content.
Unilever Global Ip Limited v.As Print Pack Global Private Limited
The Plaintiffs sought permission from the Bombay High Court to combine their cause of action involving infringement and passing off. The court allowed the interim application. Furthermore, the suit against Defendant No. 4 was disposed of based on Consent Minutes of the Order, while the suit continued against Defendants No. 1 to 3.
Bisleri International Private Limited v.Bisheshwar Mahto
The plaintiff, Bisleri International Private Limited, filed an interim application seeking injunctions against the defendant for infringing its trade marks (BISLERI) and copyrights. The court granted ad-interim relief restraining the defendant from using similar marks, artwork, and designs on packaged drinking water products.
Bisleri International Private Limited v.Bisheshwar Mahto
The petitioner, Bisleri International Private Limited, sought interim relief against the respondent for infringing its trademarks and copyrights concerning packaged drinking water. The court granted ad-interim injunctions restraining the defendant from using deceptively similar marks and artwork, and also allowed leave to combine the passing off claim with the infringement suit.
Ceat Limited v.Ramu Kushwha & Anr.
The Plaintiff, Ceat Limited, filed an interim application alleging infringement of its trade mark 'CEAT' and copyright in its artistic label by the Defendants using similar marks ('CREATA', 'CATE') and artwork. The court granted temporary injunctions restraining the defendants from manufacturing or selling goods bearing these infringing marks/artworks.
Travel Blue Products India Private Limited v.Miniso Life Style Private Limited
Travel Blue Products India Private Limited filed a suit against Miniso Life Style Private Limited for piracy of its registered design and passing-off concerning the 'Tranquility Neck Pillow'. The plaintiffs claimed that their distinctive neck pillow design, registered under number 281315, was being copied by the defendants in retail stores and online platforms. The court found a prima facie case based on the identical aesthetic appeal and visual similarity of the products, leading to the grant of interim relief.
A-1 Fence Products Company Pvt Ltd v.Controller Of Patents and Designs and Another
A-1 Fence Products Company Pvt Ltd challenged an order by the Deputy Controller of Patents & Designs rejecting their patent registration based on cited prior art. The court recognized the need for expert opinion to determine if the invention possessed inventive steps over the existing prior art documents.
Sun Pharma Laboratories Limited v.Jyotiben Hareshbhai Chovatiya and Ors.
The Plaintiff sought permission to add several associated entities (Defendants No. 4 to 6) as party defendants, alleging they were involved in dealing with goods bearing an impugned trade mark 'NEUROGABA'. The Court found that these parties were necessary and proper for the adjudication of the matter.
Pidilite Industries Limited v.Astral Limited (Formerly known as Resinova Chemie Limited)
Pidilite Industries Limited filed an interim application alleging that Astral Limited was infringing its registered design for the M-SEAL PV SEAL container. The plaintiff claimed originality in the shape and configuration of the container, which is used for solvent cement products. The court found a prima facie case for infringement and granted an ad interim injunction against the defendant's use of similar containers.
UTI Infrastructure Technology and Services Ltd. v.Extra Tech World and Ors.
The petitioner filed a Leave Petition seeking permission from the Bombay High Court under Clause XII of the Letters Patent Act to file a Commercial Intellectual Property Rights Suit against the respondents. The core issue was establishing the court's jurisdiction, given that the infringing websites were accessible across India.
The Supreme Industries Ltd. v.Tandhan Polyplast Private Ltd.
This interim application sought to determine the method of inquiry regarding whether certain moulds/dyes were infringing material, considering the original patent had expired. The court considered the request for an independent scientific adviser under Section 115 but proceeded by allowing the parties to file their respective expert affidavits.
Asian Paints Ltd. v.M. Senthilkumar
The applicant/plaintiff sought continuation of previously granted exparte ad-interim orders related to a passing off claim. Despite serving notice, the defendants remained absent. The court decided to continue the existing interim orders until further orders.
Kilitch Drugs (India) Limited v.Zee Laboratories Limited
The Plaintiff, Kilitch Drugs, sought an interim injunction and relief for passing off against the Defendant, Zee Laboratories. The dispute centered on the alleged infringement of the Plaintiff's registered trademarks (KILITCH and KILITCH SRO) in pharmaceutical preparations by the use of the impugned mark KILITH/KILITH SRO.
UltraTech Cement Ltd. v.Ultratech Paints and Allied Products
The plaintiffs filed an Interim Application seeking a temporary injunction against the defendants. The court allowed the application, granting an interim order restraining the defendants from using the impugned name 'ULTRATECH' and associated domain names to infringe upon or pass off goods related to the well-known trade mark 'UltraTech'.
Unilever Plc. v.Ashok Kumar
The court heard an interim application filed by Unilever Plc. seeking amendments to its suit plaint and related petitions. The Plaintiffs sought to incorporate additional impugned marks and parties into the case title based on new information received from a Court Receiver's Report. The court allowed the amendments and continued the existing exparte ad-interim order.
Unilever Plc v.Ashok Kumar
The court heard an interim application filed by Unilever Plc against Ashok Kumar. The plaintiffs sought permission to amend their pleadings to identify and join another party involved in manufacturing, stocking, distributing, and selling counterfeit cosmetic preparations. The court allowed the amendment and continued the existing exparte ad-interim order.
Asian Paints Limited v.B. N. Ravi Prakash
The court heard arguments regarding the service of process in an ongoing IPR suit. After confirming that the defendant had been duly served, the Leave Petition was made absolute. The court granted the defendant one more opportunity to appear before considering the main prayer for passing off.
Hindustan Unilever Limited v.Ashok Kumar
Hindustan Unilever Limited filed an interim application seeking permission to amend its suit plaint and interim application. The plaintiff sought to implead Mr. Kuldeep Singh, who was identified as the owner manufacturing counterfeit detergent preparations based on a Court Receiver's report. The court permitted the amendments and continued the existing ad-interim injunction.
Unilever Plc. And Anr. v.Vikas
This interim application sought to continue and grant further ad-interim relief against the defendant, Vikas. The court reviewed the findings of the Court Receiver regarding additional infringing goods and permitted amendments to the plaint. Consequently, the court ordered the continuation of the exparte ad-interim injunctions.
Asian Paints Ltd. v.Pacific Paints & Anr.
The court heard an interim application filed by Asian Paints Ltd. against Pacific Paints & Anr. The court noted that the initial exparte ad-interim order was in place, and subsequent amendments were permitted based on a Court Receiver's report regarding additional infringing goods. The court decided to continue the existing ad-interim relief for a further period.
Pidilite Industries Limited v.Laziq Trading Company
The Plaintiff, Pidilite Industries Limited, filed an interim application seeking relief against Laziq Trading Company for alleged infringement of its well-known trademarks and copyrights associated with the DR. FIXIT silicone sealant range. The court granted an interim injunction restraining the defendant from manufacturing or selling goods bearing similar marks or infringing the artistic work on the packaging.
Unilever Plc v.Mukesh
The applicants filed an interim application seeking the extension and granting of ad-interim injunctions against the defendants. The court granted temporary injunctions restraining the defendants from manufacturing or selling goods in the FMCG industry using counterfeit marks, pirated artwork, or trade dress deceptively similar to the plaintiffs' registered trademarks (VIM) and prior used trademarks (U-Logo, SURF/SURF EXCEL).
Mody Pumps Inc v.Sovereign Pumping Solutions Pvt. Ltd.
The plaintiffs filed an interim application alleging that defendants, former employees, colluded to steal copyrighted engineering drawings and confidential data relating to water pumps. The plaintiffs sought a restraining order against the defendants for manufacturing and marketing identical products. The court granted an interim injunction but stayed its operation for one week.
Lyka Labs Limited v.Lyka Biotech Private Limited
The petitioner, Lyka Labs Limited, filed an Interim Application against Lyka Biotech Private Limited for infringement of its trademark 'LYKA' and passing off. The court accepted the defendant's statement that it had discontinued using the impugned mark and domain name. Consequently, the court passed a temporary injunction restraining the respondent from using similar marks in relation to pharmaceutical products.
Jupiter Life Line Hospitals Limited v.Aatmaj Healthcare Private Limited
Jupiter Life Line Hospitals Limited sought an ex-parte ad-interim injunction against Aatmaj Healthcare Private Limited for alleged infringement of its registered trademark 'JUPITER' (Registration No. 1675980). The plaintiff claimed that the defendants were using similar marks, such as "StayGo Jupiter Multispecialty Hospital," in relation to running hospitals and providing medical services. The court found a strong prima facie case for infringement and granted the interim injunction.
Siddhant Icecreams LLP and Ors. v.Venkata Siva Suhas Kumar Bommisetty & Ors.
The Plaintiffs, Siddhant Icecreams LLP and Ors., filed an interim application seeking relief against the Defendants for infringement of their registered 'NATURAL' family marks and passing off. The court granted an ad-interim injunction restraining the defendants from using the infringing marks and ordering them to remove related online advertisements.
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