Vaibhavi D. Nanavati
4 IP cases indexed. Covers patent, trademark matters.
Cases Presided Over
4 cases indexed | Page 1 of 1
The Principal Commissioner v.M/S Dhariwal Industries Pvt Limited
The Gujarat High Court dismissed the Tax Appeal filed by the Principal Commissioner challenging the CESTAT order that allowed M/s Dhariwal Industries Pvt Ltd's appeal seeking remission of excise duty under Rule 21 of the Central Excise Rules, 2002. The respondent had huge stocks of pan masala and gutkha bearing the brand name 'Manikchand' which became unsellable due to an ex-parte ad-interim injunction granted by the District Judge, Mandleshwar restraining use of that trademark. The Court held that the goods were beyond the respondent's control to market and squarely covered under Rule 21, and consequently quashed the consequential show cause notice in the connected writ petition.
Saint Gobain Construction Products Uk Limited v.Cyp Rock Industries
Saint Gobain Construction Products UK challenged the registration of 'GYP-ROCK INDUSTRIES' by Cyp Rock Industries, arguing that it was deceptively similar to their established trademark 'GYPROC'. The dispute centered on potential consumer confusion in the market. However, the court accepted the respondent's affidavit, wherein they voluntarily agreed to seek cancellation and cease using the mark. Consequently, the parties were directed to proceed with the voluntary cancellation process before the Trademark Registry.
M/S. Liladhar Indarji And Co. v.Union Of India
The Gujarat High Court disposed of a writ petition filed by M/S. Liladhar Indarji And Co. challenging the rejection of its trademark renewal applications (No. 1502218 and 1502220). Instead of ruling on the merits of the initial rejection, the court granted the petitioner liberty to file a fresh application for renewal. The respondent authority agreed that if the petitioner submits a new request with all prescribed fees, it will be considered within four weeks.
Trupti Grover v.R G Mir Sanandwala Education Charitable Trust Through Bilkis M Mir
The Gujarat High Court dismissed the appeal challenging an interim injunction granted to the original plaintiff (the Trust). The dispute centered on the use of the name and logo 'ANANT' in the educational sector. The court upheld the lower court's decision, finding that the plaintiff had established prior use of the mark since 2018, thus preventing irreparable injury from occurring to them. Consequently, the defendant was restrained from using the identical or deceptively similar brand name.
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