Bench:Abhay Ahuja
6 IP cases indexed. Covers patent, trademark, copyright matters.
Cases Presided Over
6 cases indexed | Page 1 of 1
Dr. Badri Prasad and Others v.Furnace Fabrica (India) Limited and Anr.
This was a Leave Petition filed under Clause XII of the Letters Patent Act, 1865, seeking permission to institute a commercial suit in the Bombay High Court against defendants, two of whom were outside the court's territorial jurisdiction. The proposed suit sought a declaration that a Memorandum of Understanding dated 1st March 2014, along with its addenda dated 9th September 2014 and 9th November 2020, were valid, binding, subsisting, and enforceable with retrospective effect. The Court, after hearing the petitioners' counsel and perusing the relevant paragraphs of the petition and plaint, granted leave under Clause XII of the Letters Patent Act, 1865.
Maharashtra State Road Transport Corporation v.Shreekrupa Services Pvt. Ltd.
The Maharashtra State Road Transport Corporation (MSRTC) filed a Leave Petition under Clause XII of the Letters Patent Act, 1865, seeking leave to institute a commercial suit against Shreekrupa Services Pvt. Ltd. for recovery of amounts under an agreement dated 25th May 2018. The respondent, situated outside the Court's jurisdiction, was required to supply air-conditioned buses to the petitioner from Mumbai and across Maharashtra. The Bombay High Court granted leave, holding that although part of the cause of action arose outside its jurisdiction, a material part arose within Mumbai, and the agreement itself stipulated that breaches would be tried by Courts in Mumbai.
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.
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.
Fincraft Media And Entertainment Pvt. Ltd. v.Mahesh Vaman Manjrekar & Ors.
Fincraft Media and Entertainment Pvt. Ltd. filed a Leave Petition seeking permission from the Bombay High Court to file a suit concerning copyright infringement related to the film 'Natyasamrat-Asa Nat hone Nahin.' The petitioner argued that while most transactions occurred in Mumbai, some agreements were executed in Hyderabad, potentially challenging the court's territorial jurisdiction.
Tiger Aspect Kids And Family Limited v.Mr.Bean Trampoline Park/Mr.Been Trampoline Park
Tiger Aspect Kids And Family Limited successfully obtained leave from the Bombay High Court to proceed with a commercial IP suit against Mr.Bean Trampoline Park. The petitioner, owner of the 'Mr.Bean' character and associated trademarks/copyrights, alleged infringement by the respondent operating under similar names and marks. The court granted permission, finding that a substantial part of the cause of action arose within Mumbai, thereby establishing jurisdiction despite the park being located elsewhere.
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