Tag: Passing off

Plaintiff and Defendant Case : Bengaluru Court Passes Interim Order Restraining The Access Of The Software “PKMP” And The Use Of The Trade Name “APL”

Plaintiff and Defendant Case: The Commercial Court of Bangalore in an original suit granted ex parte interim injunction against a party for breach of non-disclosure agreement, misappropriation of intellectual property, and passing off. The Plaintiff, a pharma software solution company, hired Defendant to develop a software, “Pharmacokinetic Modeling Program” (PKMP), which is used for supporting … Continue reading Plaintiff and Defendant Case : Bengaluru Court Passes Interim Order Restraining The Access Of The Software “PKMP” And The Use Of The Trade Name “APL”

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COVID-19 as an excuse for Passing Off: Rejected by Madras High Court

FACTUAL MATRIX: This matter was filed for the permanent injunction against the actions of Defendant, three applications were filed on behalf of Plaintiff, praying for granting interim relief. A Prima facie case was made out and hence an interim injunction was granted in favor of Plaintiff on April 30, 2021. As per this order, it … Continue reading COVID-19 as an excuse for Passing Off: Rejected by Madras High Court

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Intermittent Prior Use Vis-A-Vis The Defence Under Section 34 Of The Trade Marks Act, 1999

The Hon’ble High Court of Delhi in a recent case of Peps Industries Private Limited vs. Kurlon Limited, [1] discussed about the defence under Section 34 of the Trade Marks Act, 1999 along with the concept of descriptive trademark. PEPS INDUSTRIES PRIVATE LIMITED VS. KURLON LIMITED Brief Facts: By way of this suit before the … Continue reading Intermittent Prior Use Vis-A-Vis The Defence Under Section 34 Of The Trade Marks Act, 1999

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