High Court
Delhi High Court Orders Removal Of 'Accko' Trademark, Finds It Deceptively Similar to 'ACKO' Brand
The Delhi High Court on 10 February, directed the Registrar of Trade Marks to remove the trademark registration for 'ACCKO' observing that the mark is deceptively similar to the well-known 'ACKO' brand. Justice Jyoti Singh allowed the rectification petition filed by Acko Technology and Services Pvt. Ltd. under Sections 47 and 57 of the Trade Marks Act, 1999. The Court remarked: “Similarity in the rival marks leaves little doubt that the intention of Respondent No. 1 was dishonest and the...
Delhi High Court Recalls Stay On 'THE BREW BUKHARA' Trademark In ITC Dispute
The Delhi High Court recently recalled an ex-parte stay it had earlier granted to ITC Limited concerning the trademark registration of 'THE BREW BUKHARA'. In contrast to the Court's view just days earlier, Justice Tushar Rao Gedela on 19 February held that since the respondent, Umesh Arora, is the registered proprietor of the disputed mark, an ad interim injunction could be considered only after he has been given an opportunity to file a reply. He held: “...since the respondent no. 1 is...
GST Appellate Tribunal Can Grant Interim Relief, Including Stay On Recovery: Bombay High Court
The Bombay High Court has recently held that the GST Appellate Tribunal possesses inherent and incidental powers to grant interim relief. This includes protection against recovery pending disposal of appeals. The Court said that any interpretation to the contrary would render the appellate remedy “illusory” and defeat legislative intent. A Division Bench of Justices G.S. Kulkarni and Aarti Sathe was hearing a writ petition filed by The Hongkong and Shanghai Banking Corporation Ltd. The bank...
Delhi High Court Upholds Injunction Against Sauss Home's 'Flying Bird' Mark On Detergent, Washing Soap Products
The Delhi High Court has recently upheld an interim injunction restraining Sauss Home Products Private Limited from using a “Flying Bird” device mark in relation to washing soap, washing powder, detergent powder and cake, and cleaning starch. A Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla dismissed the company's appeal on February 7, 2026. The court held that the “Flying Bird marks of the appellant and respondent were practically identical in appearance, in shape,...
Calcutta High Court Grants Private Companies Same Excise Fee Exemption As Public Companies For Management Changes
Holding that the State cannot create artificial distinctions between similarly placed licensees in the matter of excise fee exemptions, the Calcutta High Court has ruled that private limited companies are entitled to the same treatment as public limited companies when changes in management occur in the ordinary course of business. The Court made it clear that even though liquor trade is a regulated privilege of the State, the manner in which that privilege — or exemptions attached to it — is...
Jurisdictional Objection Rejected By Arbitrator Cannot Be Challenged Under Article 227: Telengana High Court
The Telangana High Court has recently held that its supervisory jurisdiction under Article 227 of the Constitution cannot be invoked to challenge an arbitral tribunal's rejection of a jurisdictional objection when the Arbitration and Conciliation Act, 1996 provides a specific post-award remedy. Dismissing a writ petition filed by Sagar Asia Private Limited, a Division Bench of Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar held that the petitioner must await the arbitral award and...
Kerala High Court Says Writ Maintainable Against SARFAESI Notice Before Recovery Action In Housing Loan Dispute
The Kerala High Court has held that a writ petition filed by the legal heirs of a deceased borrower was maintainable at the stage of a Section 13(2) notice under the SARFAESI Act, since no measures under Section 13(4) had yet been initiated and their challenge also concerned the bank's alleged failure to transfer the insurance premium to the insurer. A Division Bench of Justice Anil K Narendran and Justice Muralee Krishna S was hearing an appeal filed by Prameela Devi and her two daughters, the...
Delhi High Court Orders Removal Of KREOFLAT Trademark Over Similarity To Abbott's PANKREOFLAT
The Delhi High Court has ordered removal of the registered trademark “KREOFLAT” from the Register of Trade Marks after holding it deceptively similar to Abbott Products Operations AG's mark “PANKREOFLAT.” In a judgment delivered on February 26, 2026, Justice Tushar Rao Gedela allowed a rectification petition filed under Section 57 of the Trade Marks Act, 1999. The Court held that in the case of medicinal and pharmaceutical products, the “threshold laid down for deciding deceptive similarity is...
Delhi High Court Quashes 2005 Order Denying Additional Tax Refund Interest To Mitsui Engineering, Cites Sandvik Asia
The Delhi High Court has allowed the writ petition filed by a Japan-based maritime engineering and logistics company, seeking additional interest on a long-pending income tax refund, in light of the Supreme Court's ruling in Sandvik Asia Ltd. v. Commissioner of Income Tax.A Division Bench of Justices Dinesh Mehta and Vinod Kumar set aside a 2005 order passed by the Director of Income Tax (International Taxation), which had rejected the petitioner's application under Section 154 of the Income Tax...
Delhi High Court Sets Aside ₹5.19 crore Award Against Railways Board After Serving Officer Appointed As Arbitrator
The Delhi High Court has set aside a ₹5.19 crore arbitral award against the Railways Board after the Railways challenged the legality of the sole arbitrator it had appointed. The Court held that appointing a serving railway officer as arbitrator, without an express written waiver by both parties, rendered the award void from the beginning.Allowing a petition under Section 34 of the Arbitration and Conciliation Act, 1996, Justice Avneesh Jhingan held, “The appointment of a serving employee as an...
No Monopoly Over Word 'Forest' Unless It Has Secondary Meaning: Delhi High Court Refuses To Halt Baby Forest
Holding there can be no monopoly over the word “FOREST” without stringent proof that it has acquired a secondary meaning, the Delhi High Court has refused to grant an interim injunction in favour of the luxury Ayurvedic brand Forest Essentials, allowing a newer entrant, Baby Forest, to continue using 'BABY FOREST' and 'BABY FOREST-SOHAM OF AYUVEDA' marks. In a judgment pronounced on February 27, 2026, a Division Bench comprising Justice Navin Chawla and Justice Madhu Jain upheld the Single...
Delhi High Court Confirms Arbitral Award Favoring Rama Constructions In Jawaharlal Nehru Stadium Dispute
The Delhi High Court on 25 February, upheld an arbitral award granting Rs. 80.05 lakh along with 10% interest to Rama Constructions Company in a dispute arising from civil and electrical works executed at the Jawaharlal Nehru Stadium Complex, New Delhi. Dismissing the Union of India's challenge, Justice Jasmeet Singh reiterated the limited scope of judicial interference, noting that the Arbitrator's findings were evidence-based and did not warrant interference under Section 34 of the...