The Bombay High Court refused interim relief in the V3 trademark dispute, finding both parties had suppressed facts and acted inconsistently. The decision underscores that equitable remedies require parties to come with clean hands.
Read more about Injunction in V3 Trademark Dispute Denied Over Unclean HandsTag: Bombay High Court
No Trademark Infringement by Registered Proprietor
The Bombay High Court ruled that no trademark infringement or passing off was established against the registered proprietor of KARPURE and AIR KARPURE. The Court found the marks and trade dress sufficiently distinct, dismissing the Plaintiff’s claim for interim relief.
Read more about No Trademark Infringement by Registered ProprietorDisco Dancer Copyright in Court: Remake, Adaptation, or Sequel?
In a recent case involving the iconic film Disco Dancer, the Bombay High Court examined whether a stage musical and a proposed new film were a remake, an adaptation, or a sequel. The Court held that the musical was an adaptation covered by Shemaroo’s rights, but refused to restrain the new film since Shemaroo had not pleaded infringement in its plaint. The order pointed out the difference between remake, adaptation, and sequel under Indian copyright law.
Read more about Disco Dancer Copyright in Court: Remake, Adaptation, or Sequel?Music Creation and Copyright Transfers
In the case of Rajesh Jhaveri v. Saregama India Limited & Anr., the Bombay High Court dismissed a bid for interim injunction restraining Saregama from exploiting songs from three albums. The Court held that assignment agreements executed in the late 1980s granted broad rights to exploit the works “by any and every means w
Read more about Music Creation and Copyright TransfersAtomberg fans or Luker fans, whose “fan” are you?
The Bombay High Court dismissed Atomberg’s appeal against the denial of an interim injunction in a design infringement case against Luker. The court ruled that Atomberg’s fan design lacked novelty due to prior publication and was merely a trade variant.
Read more about Atomberg fans or Luker fans, whose “fan” are you?Knowledge Theft : Property includes Intellectual Property, affirms Supreme court
The Supreme Court of India upheld the Bombay High Court’s interpretation that intellectual property, including research data, qualifies as ‘property’ under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. This decision enables victims of caste-based atrocities to claim compensation for loss of intellectual assets. The ruling affirms the protection of knowledge-based assets and expands the legal definition of property under the Act.
Read more about Knowledge Theft : Property includes Intellectual Property, affirms Supreme courtEnsure Diabetes Care’s Advertisement Disparages Horlicks Diabetes Plus, says the Bombay High Court
The Bombay High Court has restrained the circulation of Ensure Diabetes Care’s advertisement for disparaging Horlicks Diabetes Plus. The ruling addresses the limits of comparative advertising and highlights key principles concerning disparagement and intellectual property rights in India.
Read more about Ensure Diabetes Care’s Advertisement Disparages Horlicks Diabetes Plus, says the Bombay High CourtCourt Directs Meta to Take Down Deepfake Videos of NSE CEO in Urgent Ruling
The Bombay High Court directed Meta and other intermediaries to promptly take down deepfake videos of the NSE CEO, citing obligations under IT Rules 2021. The court’s ruling highlights intermediary liability and the need to protect investors from misleading content.
Read more about Court Directs Meta to Take Down Deepfake Videos of NSE CEO in Urgent Ruling“Be mindful when exercising quasi judicial power, cryptic orders unacceptable” says Bombay High Court
The Bombay High Court ruled that cryptic and uncommunicated orders by the Registrar of Trade Marks violate procedural fairness. The court mandated a fresh review of the trademark application, reinforcing the importance of reasoned decisions in quasi judicial processes.
Read more about “Be mindful when exercising quasi judicial power, cryptic orders unacceptable” says Bombay High CourtFull and Transparent Disclosure of Material Facts for Ex-parte Injunctions
The Bombay High Court vacated an ex-parte injunction in a trademark dispute due to Atyati’s suppression of material facts regarding Cognizant’s prior logo use. This decision reiterates the necessity for full and transparent disclosure in ex-parte proceedings.
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