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
A foreign judgment which is conclusive under Section 13 of the Code of Civil Procedure, 1908, can be enforced in India by: By filing an Execution Petition under Section 44A of the Civil Procedure Code (“CPC”)[1] (in case the conditions specified therein are fulfilled). By filing a suit upon the foreign judgment /decree.[2] In both…
Neon Laboratories Ltd. v. Medical Technologies Ltd. and Ors. 2015 (64) PTC 225 (SC) Brief Facts: Respondents through their predecessors in interest were using the mark ‘Profol’ in India since 1998 for pharmaceutical product. In 2005, Respondents came to know that the Defendant have launched a drug called ‘ROFOL’ for identical product. Respondents filed a suit for…
CASE LIST It is the assignment of trade mark that creates rights in favour of the assignee and not the registration of assignment as contemplated in Section 45 of the Trade Marks Act, 1999. If the application for getting transferred the registered trademark in the office of the Registrar is pending, that does not debar…
Havells India Ltd. & Anr. v. Amritanshu Khaitan & Ors. 2015 (62) PTC 64 [Del] Brief Facts: Defendants released the below mentioned advertisement. In the said advertisement, the Defendant compared Eveready LED Bulb with Havells LED Bulb. Plaintiffs filed a Suit for Disparagement against the Plaintiff. Along with the suit, the Plaintiffs also filed an…
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…
CIPLA Limited v. CIPLA Industries Private Limited and Ors. 2017 (69) PTC 425 (Bom) Full Bench A Learned Single Judge of the High Court of Bombay vide order dated 26th April, 2016 expressed the view that decision of the Division Bench of Bombay High Court in the case of Raymond Limited v. Raymond Pharmaceuticals Pvt….