Tag: interim injunction

Dilemma between Filing an Appeal vs. Order 39 Rule 4 Application in Injunctions Granted Under Order 39 Rules 1 and 2

The efficacy of substantive laws depends, to a large extent, upon the quality and clarity of the procedural laws. Unless the procedure for enforcing rights is simple, effective, expeditious, inexpensive and unambiguous, substantive laws, however well they may have been drafted, would fail in their purpose and object. As observed by Sir Henry Maine, “Procedure … Continue reading Dilemma between Filing an Appeal vs. Order 39 Rule 4 Application in Injunctions Granted Under Order 39 Rules 1 and 2

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Injunctions Against Sale of Lingaliptin

Analysis of Boehringer Ingelheim Pharma GmbH v/s Tanmed Pharma and other orders Plaintiffs: Boehringer Ingelheim Pharma GmbH & Co. KG & Boehringer Ingelheim (India) Pvt.Ltd. (“the plaintiff”/“Boehringer”) Defendant:Tanmed Pharma India Private Limited(“the defendant”) Coram: Dr. Justice G. Jayachandran Date of Judgment: 21st January 2020 Facts of the Case: The plaintiff is a multinational company involved … Continue reading Injunctions Against Sale of Lingaliptin

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Recent Grant of Patent is Valid Ground of Defence for Refusal of Interim Injunction in Infringement Suits: Galatea Ltd & Anr. V. Diyora and Bhandari Corporation & Ors.

BRIEF FACTS Plaintiffs are Israeli companies, engaged in the business of developing and providing inclusion scanning methods in rough diamonds and the Defendants are Indian companies are also engaged in the business of manufacturing and providing inclusion scanning services and in some cases are engaged in selling of inclusion scanning machines and rendering inclusion scanning … Continue reading Recent Grant of Patent is Valid Ground of Defence for Refusal of Interim Injunction in Infringement Suits: Galatea Ltd & Anr. V. Diyora and Bhandari Corporation & Ors.

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Denial of Injunction on the grounds of Acquiescence and Delay by Plaintiffs: SRF Foundation v. Ram Education Society

Devina Choubal, an intern at Khurana & Khurana looks into grounds of denial of injunction by analyzing the recent case of SRF Foundation v. Ram Education Society. FACTS: ‘SRF Foundation’ plaintiff no.1 is a registered non-profit society engaged in several social and community work including running schools such as “The Shri Ram School”. The name/mark … Continue reading Denial of Injunction on the grounds of Acquiescence and Delay by Plaintiffs: SRF Foundation v. Ram Education Society

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High Court grants interim injunction against online retailer from using L’oreal Trademark

Recently, Delhi High Court passed an interim injunction against an online retailer restraining them from using the name of L’oreal to sell or supply any goods on any website or in any other manner having regard to the L’oreal’s plea alleging counterfeit products having its trademark were being sold/ traded by the online retailer Brandworld … Continue reading High Court grants interim injunction against online retailer from using L’oreal Trademark

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India refuses to nod…for Noddy

 For the first time, I was forced by my friends to include pictures in my blog.  No wonder, the reason is that they all love the famous character ‘Noddy’.  Well, my reason for writing the blog is to share a very recent and an interesting Trade Mark case in the Delhi High court. The … Continue reading India refuses to nod…for Noddy

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