Interim Order
158 interim order decisions from Bombay High Court.
Interim Order Decisions
158 cases | Page 3 of 6
Bisleri International Pvt.Ltd v.Laxmikanta Nayak
The court heard an interim application filed by Bisleri International Pvt.Ltd against Laxmikanta Nayak regarding passing off related to drinking water bottles. The parties suggested a settlement, but the court noted undertakings from the defendant regarding not possessing specific moulds or manufacturing depicted bottles.
Unilever Plc v.Ashok Kumar
The Plaintiffs, Unilever Plc, sought to amend their suit against Ashok Kumar. The court allowed the petition under Clause XIV to combine the cause of action in passing off with that in infringement, and also permitted the Interim Application for amendments. Consequently, a further ad-interim order was granted regarding the passing off claim.
Godrej Consumer Products Ltd v.Deepak Bhatia And Anr
The court heard an interim application and a leave petition filed by Godrej Consumer Products Ltd against Deepak Bhatia and Anr. The court granted the Leave Petition absolute and issued an additional ad-interim order concerning the cause of action in passing off.
Unilever Plc v.Pawan Saini
Plaintiffs, Unilever Plc, filed a suit alleging infringement of their registered trademarks (SURF/SURF EXCEL) and copyrights related to detergent packaging by the defendant. The plaintiffs presented evidence of counterfeit goods bearing slavish imitations of their marks and artworks.
Unilever Plc v.Ashok Kumar (Unknown Person)
Plaintiffs, Unilever Plc, filed an interim application seeking ad-interim reliefs against the defendant, Ashok Kumar (an unknown person), for infringement of their registered trademarks and copyrights, combined with an action for passing off. The plaintiffs alleged that the defendant was marketing and selling counterfeit goods using pirated artworks of SURF EXCEL detergent preparations.
Xotik Frujus Pvt. Ltd. v.Visat Beverages (Od)
The plaintiff, Xotik Frujus Pvt. Ltd., filed an interim application alleging that the defendant, Visat Beverages (Od), was infringing its registered trademarks and copyright related to its popular fruit drink 'JEERU'. The plaintiff argued that the defendant's product bore a slavish imitation of the plaintiff's mark and label. The court granted temporary relief in the form of an injunction and appointed a Court Receiver.
Mr. Hemant Bandodkar v.Vertellus Speciality Materials (India) Pvt.Ltd.
The court disposed of two interim applications by consent. The primary order mandated the appointment of a Local Commissioner, appointed by IIT Bombay, to inspect Defendant No.1's plant and document its manufacturing process layout and machinery, which is claimed to be confidential proprietary information/trade secret. Additionally, the application seeking condonation of delay in filing a Written Statement was allowed.
Hindustan Unilever Ltd v.Balaji Enterprises
Hindustan Unilever Ltd filed an Interim Application seeking ad-interim reliefs against Balaji Enterprises for alleged trade mark infringement and passing off related to flour products. The court found a sufficient prima facie case, noting that both marks are phonetically, visually, and structurally indistinguishable, leading to inevitable consumer confusion.
Chutraram Nemaram Gehlot v.Rajaram Magharam Tak
The Plaintiff filed an interim application seeking ad-interim relief against the Defendant for infringement of registered Trade Marks ('Prem Dulhan') and copyrighted artistic work ('PREM DULHAN GREEN LABEL'). The court found prima facie evidence establishing that the Defendant's use of 'DABANG DULHAN' is deceptively similar to the Plaintiff's established marks. Consequently, the court granted an ad-interim injunction.
Ajanta Pharma Limited v.Saphnix Life Science
Ajanta Pharma Limited filed an interim application seeking relief against Saphnix Life Science for alleged infringement of its registered trade mark, ARTEFAN. The court examined the evidence showing that the defendant was using an identical trade mark on similar pharmaceutical preparations. Based on the prima facie case established by the plaintiff, the ad-interim injunction was granted.
Unilever Plc. And Anr. v.Ashok Kumar (unknown person/s)
Unilever Plc. filed an interim application seeking ad-interim reliefs against an unknown defendant for the infringement of its registered trade marks (including LAKME and U-Logo), copyrights in artistic works, and passing off related to its FMCG products. The court granted immediate relief, empowering Additional Special Receivers to seize and seal all infringing goods.
Unilever Plc. v.Ranbir Narang
Unilever Plc. filed an Interim Application concerning the counterfeiting of its goods, which bear multiple registered trade marks (like POND'S, HUL) and copyrighted artistic containers. The court granted ad-interim injunctions against both defendants to prevent further infringement and directed a receiver to seize all infringing materials.
Unilever Plc & Anr. v.Vikas Sachdeva
Plaintiffs, Unilever Plc & Anr., filed an interim application seeking ad-interim reliefs in a suit for infringement of their registered trademarks and copyrights. Plaintiffs alleged that the defendant was clandestinely marketing and selling cosmetic preparations bearing counterfeit marks (LAKME, LAKME 9 to 5, LAKME EYECONIC) and infringing artworks. The court granted an interim order appointing an Additional Special Receiver to seize and seal the infringing goods.
Unilever Plc v.Rahul Goyal
Plaintiffs, Unilever Plc (and its subsidiary Plaintiff no.2), filed an interim application seeking ad-interim reliefs against Rahul Goyal for infringement of their trademarks (LAKME, U-Logo, etc.), copyrights in artistic works, and passing off related to cosmetic preparations. The court granted the interim relief, appointing an Additional Special Receiver to seize and seal the infringing goods.
Shamoil Ahmad Khan v.Falguni Shah And 3 Ors
The plaintiff, a writer, filed a notice of motion seeking temporary injunction against the defendants for telecasting or adapting their web series titled 'Singardaan', claiming both copyright infringement and passing off. The plaintiff alleged that the defendants copied not only the title but also the entire plot and characters from his original story. The court ultimately decided to set aside the request for a full injunction, directing the parties toward trial while imposing interim restraints.
Kamruddin I. Mehsaniya v.A. Hafsabi & Anr.
The plaintiff, Kamruddin I. Mehsaniya, filed an interim application seeking ad-interim reliefs against A. Hafsabi & Anr. for infringement and passing off related to his brand KIMIA (wet dates). The plaintiff holds registered rights in the word mark KIMIA and its original artistic label. The court found that the defendants' use of 'KIMAA' and 'KEEMA' under pirated artwork was deceptively similar, likely to cause confusion.
Essdee Industries Through Proprietor Sridhar Velangi v.Esbee Electrotech LLP
This Civil Writ Petition was filed by Essdee Industries against Esbee Electrotech LLP, challenging a previous court order. The impugned order allowed the respondent/plaintiff to conditionally withdraw their composite suit, granting them the liberty to file two separate suits concerning alleged trademark and design infringement of their rights. The Bombay High Court proceeded with issuing notice in this appeal.
Unilever Plc. v.Deepak Talreja
The petitioner, Unilever Plc., filed an interim application seeking various reliefs. The court granted leave for the plaintiff to combine the cause of action of passing off with that of infringement. Ad-interim orders were continued, including a perpetual injunction restraining the defendant from using trade dress or marks deceptively similar to 'BROOKE BOND RED LABEL and the U-Logo' in the tea industry.
Deepak Nitrite Limited v.Sara Chemicals & Consultants
Deepak Nitrite Limited sought an urgent ad-interim injunction against Sara Chemicals & Consultants, alleging that Sara Chemicals had unilaterally filed five patent applications based on a proprietary process developed by Deepak Nitrite. The Petitioner argued that the relevant data and technology belonged exclusively to them, and there was a risk of third-party disclosure.
Marico Limited v.Chandrakant Gholap
Marico Limited filed a Notice of Motion seeking leave and an interim injunction against Chandrakant Gholap regarding the use of the PARACHUTE trade mark and trade dress. The Court granted the leave sought by the Plaintiff and further granted the prayer for an interim injunction, restraining the Defendant from manufacturing or distributing packaging materials bearing the infringing trademark/trade dress.
Kotak Mahindra Bank Limited v.Kotak LLC
Kotak Mahindra Bank Limited filed a Notice of Motion against Kotak LLC alleging infringement and passing off concerning the registered trademark 'KOTAK'. The court granted temporary and permanent injunctions restraining the Defendant from using similar marks, names (like KOTAK LLC), apps (App KOTAK), and domain names (www.kotakapp.com) that are deceptive or identical to the Plaintiff's mark.
Meher Distilleries Private Limited v.Raisen Marketing Private Limited
Meher Distilleries Private Limited filed an interim application alleging that Raisen Marketing Private Limited was infringing its registered trade mark and copyrighted artistic design used on its country liquor bottles. The court found a strong prima facie case for infringement.
Rui Boutique v.Nidhi Arora
The plaintiff, Rui Boutique, a manufacturer and trader of ready-made women's garments under the trade mark 'RUI', filed an application alleging that the defendant was using the impugned mark 'RUI INDIA' for similar goods. The court found a strong prima facie case regarding the identity/deceptive similarity between the marks and granted an ad-interim injunction.
Hindustan Unilever Ltd. v.Mak Traders
This notice of motion pertains to an ongoing Commercial IP Suit where Hindustan Unilever Ltd. sought protection for its distinctive SURF EXCEL trade dress against Mak Traders' competing detergent products. The court granted an ad-interim injunction restraining the defendant from using any trade dress or mark deceptively similar to the Plaintiff's.
Hindustan Unilever Limited v.Mak Traders
Hindustan Unilever Limited filed a Commercial IP Suit against Mak Traders alleging infringement and passing off related to their detergent preparations. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an ad-interim injunction.
Asian Paints Limited v.Phinex Paints and Polychem Industries
Asian Paints Ltd filed a Commercial IP Suit against Phinex Paints and Polychem Industries alleging trademark infringement and passing off. The Bombay High Court granted leave under the Letters Patent Act and passed an order granting an interim injunction.
Asian Paints Limited v.Rainbow Colours Co. and others
Asian Paints Limited filed a Commercial IP Suit against Rainbow Colours Co. and others alleging infringement of its distinctive trademarks and trade dress related to wall primers. The Bombay High Court granted leave under the Letters Patent Act and passed an order granting an interim injunction.
Hotel Panchavati v.Hotel Panchawati
The Plaintiffs filed a commercial IP suit against the Defendants alleging infringement of their well-known PANCHVATI trademarks in the hospitality sector. The court granted leave under Clause XIV of the Letters Patent Act and passed an interim order restraining the defendants from using the infringing marks and domain names.
Ceat Limited v.Ambika Rubber Industries and others
The petitioner, Ceat Limited, filed a suit alleging infringement of its trademark CEAT and copyright in its original artistic work and trade dress. The court had previously granted ex-parte ad-interim relief. On this date, the defendants repeatedly failed to file their affidavits or appear before the court despite multiple adjournments, leading the court to pass an order directing them to appear on a specific future date while continuing the existing interim orders.
Piramal Enterprises Limited v.Chemiloids and others
The dispute concerns the alleged unauthorized use of confidential information, specifically a Standard Operating Procedure (SOP), by Chemiloids and others in the process of extracting SI containing X-X% of 7-HF. The court appointed the Department of Chemical Engineering, IIT Madras, as an Expert Commissioner to compare the processes used by both parties.
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