S.C.Gupte
2 IP cases indexed. Covers patent matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
Kinjal Ramesh Savla v.Euphoric Innovations Pvt. Ltd.
The Bombay High Court stayed a trademark infringement suit between Kinjal Ramesh Savla and Euphoric Innovations Pvt. Ltd., recognizing the complexity arising from conflicting trademarks ('Buckaroo' vs 'Walkaroo'). The court granted both parties leave to apply for rectification of their respective trademarks before the Appellate Board, ensuring that the underlying validity issues are addressed first. Furthermore, the defendant's application regarding perjury was adjourned until the main suit hearing.
Kuber Khaini Private Limited v.Sopariwala Exports And Another
The Bombay High Court affirmed the lower court's decision, finding that Kuber Khaini Private Limited had adopted a deceptively similar trade-dress and label design to that of Sopariwala Exports. Although the Appellant used a different word mark ('Kuber' vs 'Afzal'), the court ruled that the adoption of the entire color scheme, get up, and descriptive elements constituted an attempt to trade on the Respondent's reputation. The judgment clarified that while a trademark disclaimer limits statutory infringement claims, it does not prevent a claim for passing off based on deceptive similarity.
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