Bench:Bela M. Trivedi
3 IP cases indexed. Covers patent matters.
Cases Presided Over
3 cases indexed | Page 1 of 1
Rajendra Singh Shekawat v.M/S Shrinath Heritage Liquor Pvt Ltd
The Rajasthan High Court dismissed the appeal filed by Rajendra Singh Shekawat against an order that denied a temporary injunction. The plaintiff, holding registered trademarks MAHARAJA MAHANSAR and MAHARANI MAHANSAR, alleged infringement by the defendant's use of 'Mahansar D.J. Special.' While the court acknowledged the similarity in the word 'MAHANSAR,' it held that determining whether this commonality constitutes deceptive similarity or infringement is a complex question of fact requiring evidence from a regular trial. Consequently, the appeal was dismissed, but the defendant was directed to provide production and sales accounts to facilitate potential restitution if the plaintiff succeeds later.
Tez Tobacco Company & Anr. v.M/s Tejram Dharampal
The Rajasthan High Court addressed a stay application concerning trademark infringement between Tez Tobacco Company and M/s Tejram Dharampal. The court upheld the trial court's finding that the appellant's label, featuring 'Ganesh Chhap Zarda,' was deceptively similar to the respondent's registered mark, thus maintaining the injunction against its use. However, the court simultaneously lifted a restriction placed on the appellants regarding the use of their firm name, 'Tej,' allowing them to continue operating under that name pending the appeal.
Rajendra Singh Shekawat v.M/S Shrinath Heritage Liquor Pvt Ltd
The Rajasthan High Court dismissed the appeal filed by Rajendra Singh Shekawat against an order that denied a temporary injunction. The plaintiff, holding registered trademarks MAHARAJA MAHANSAR and MAHARANI MAHANSAR, alleged infringement by the defendant's use of 'Mahansar D.J. Special.' While the court acknowledged the similarity in the word 'MAHANSAR,' it held that determining whether this commonality constitutes deceptive similarity or infringement is a complex question of fact requiring evidence from a regular trial. Consequently, the appeal was dismissed, but the defendant was directed to provide production and sales accounts to facilitate potential restitution if the plaintiff succeeds later.
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