Disruption of business of Defendant, not a ground to deny injunction
CASE LIST
- Satyam Infoway Ltd. v. Sifynet Solutions (P) Ltd.; AIR 1977 Delhi 41
Bayer Corporation v. Union of India & Ors. 2014 (60) PTC 277 (Bom) BRIEF FACTS: The Petitioner had filed the present petition[1] being aggrieved by the order of the Hon’ble Intellectual Property Appellate Board (hereinafter ‘IPAB’) dated 4th March, 2013 vide which IPAB upheld the order of the Controller of Patents dated 9th March, 2012…
Super Cassettes Industries Ltd. Vs. Nirulas Corner House (P) Ltd. 2008 (37) PTC 237 (Del) Plaintiff was a copyright holder of certain literary and musical works, sound recordings, music videos and cinematograph films. Defendant was engaged in the business of hotels. The Plaintiff found that few audio clippings of songs in which the Plaintiff owned…
CASE LIST Section 35 of the Stamp Act operates as a bar to an unstamped instrument being admitted in evidence or being acted upon. Hindustan Steel Ltd. v. M/s. Dilip Construction Co., AIR 1969 SC 1238 Unless the stamp duty and penalty due in respect of the instrument is paid, the court cannot act upon…
Financial strength of a company, though relevant, cannot be the sole factor to determine dominant position of an enterprise. Providing free services cannot by itself raise competition concerns unless the same is offered by a dominant enterprise and is shown to be tainted with an anti-competitive objective of excluding competition/ competitors.
Kumar Electric Works v. Anuj Electronics 1990 PTC 26 Plaintiff was a partnership firm. Vinod Kumar, Satish Kumar, T.C. Kumar end Raj Kumar were its partners. It was engaged in the business of manufacturing and marketing of electrical and electronics goods since the year 1979. In 1983 it started using Trade Mark “OLYMPUS” for its…
Dhodha House Vs. S.K. Maingi & Patel Field Marshal Industries and Ors. Vs. P.M. Diesel Limited (2006) 9 SCC 41 In this matter, there were two civil appeals before the Hon’ble Supreme Court. Facts: 1st Civil Appeal Appellant filed a suit against the Respondent to protect his copyright, trade marks and common law rights as…