The High Court of Bombay granted leave to combine causes of action for passing off and trademark infringement in a suit. The judge accepted the defendant's undertaking and decreed the suit based on those undertaking clauses, waiving costs and damages.
Leaves granted to combine causes of action; suit decreed per defendant's undertaking terms.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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934-S-59-2015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO. 59 OF 2015
Wockhardt Limited Versus
… Plaintiff
Neptune Life Sciences Private Limited
… Defendant
ALONG WITH
NOTICE OF MOTION NO. 607 OF 2015
IN
SUIT NO. 59 OF 2015
WITH
LEAVE PETITION NO. 142 OF 2015
IN
SUIT NO. 59 OF 2015
Ms.Nidhi Singh i/b. Vidhi Partners for the Plaintiff. None for the Defendant.
CORAM : S.J. KATHAWALLA, J. DATED : 22ND JULY, 2015
P.C.:
combine the cause of action for passing off with the cause of action for infringement of trademark in the present Suit.
the Defendant to the Advocate for the Plaintiff stating that the Defendant agreed to suffer a decree in terms of Clauses (a) to (g) of the undertaking
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is taken on record. The undertaking is accepted.
(S.J. KATHAWALLA, J.)
2 issues framed by the court
Whether the plaintiff's cause of action for passing off can be combined with infringement of trademark.
Whether the plaintiff is entitled to any costs or damages given the defendant's undertaking.
S.J. Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
