Vivek Rusia
6 IP cases indexed. Covers patent matters.
Cases Presided Over
6 cases indexed | Page 1 of 1
Mohd Haroon Trading And Proprieties v.M/S Burhanpur Jalebi Centre
This matter originated from a civil suit filed by M/S Burhanpur Jalebi Centre seeking an injunction against Mohd Haroon Trading And Proprieties for trademark infringement. The petitioner challenged the trial court's rejection of their application regarding mandatory pre-litigation mediation proceedings. However, the Madhya Pradesh High Court ultimately dismissed the petition, ruling that it lacked jurisdiction because the impugned order was passed by a Civil Judge below the rank of a District Judge, necessitating an appeal to the appropriate Commercial Appellate Court.
Suresh Gulwani and Others v.M/S Dammani Brothers Through Partner Shri Rajendra Dammani
The Madhya Pradesh High Court granted a stay on an earlier Commercial Court order that had restricted the manufacturing, selling, and advertising activities under the 'SWAD GOLD' trademark. The petitioners argued that the restriction was causing immediate irreparable business loss, halting their entire operations and preventing them from selling existing stock. Given the prima facie case of injury, the High Court decided to stay the operation of the restrictive order until further hearing.
Ajay Panwar v.Kishore Chhabra
The appeal involved a request by Ajay Panwar (appellant/defendant No. 2) to stay the execution of an earlier judgment restraining him from using specific machinery. The respondent claimed patent rights over the machinery and copyright protection for drawings related thereto.
Aasik Jindran v.Mohammad Rafiq
Aasik Jindran, proprietor of M/s GBL Agro Equipments, filed a petition challenging an earlier commercial court order. The dispute centered on the use of the brand name 'GBL' for agricultural goods by Mohammad Rafiq, which Jindran claimed infringed his registered trademarks and copyrights. While the trial court had granted injunction against 'GBL', Jindran sought an extension to include restraint against the similar mark 'SGBL'.
Bhama Enterprises India Pvt. Ltd. v.Praveen S/o. Shri Gokulchand Murarka
Bhama Enterprises challenged an order granting a temporary injunction to Praveen (M/s. Modware India) regarding the alleged infringement of their 'Kool Kruizer' bottle design by the defendant's 'Cool Crazy' product. The core dispute centered on whether trademark protection in Class 32 could cover the physical shape, or if the defendant's valid registration under the Designs Act provided superior rights. The High Court ultimately allowed the appeal, setting aside the injunction and dismissing the plaintiff's application.
M/s Mold-Tek Packaging Ltd. v.S.D.Containers
M/s Mold-Tek Packaging Ltd. filed a suit before the Commercial Court at Indore against S.D.Containers for infringing their registered designs related to rigid plastic packaging lids and containers. The respondent attempted to transfer the civil suit to the Calcutta High Court under Section 22(4) of the Design Act, 2000. However, the Madhya Pradesh High Court ruled that due to the establishment of Commercial Courts at the District level in MP, the Commercial Court at Indore possessed the necessary jurisdiction and was competent to hear the matter.
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