Bombay High Court Restrains DUNE From Creating Third-Party Rights In 'SNAP', Protects VVAA's 40% IP

The Bombay High Court on 5 October restrained DUNE Collective LLP from creating third-party rights in the Hindi feature film “SNAP” that could prejudice co-producer VVAA Films Private Limited's claimed 40% intellectual property interest, pending commencement of arbitration. Justice Amit Borkar also directed DUNE to disclose records showing how it had used VVAA's funds, but declined to order specific performance of the co-production agreement or grant a blanket restraint against DUNE acting on...

Delhi High Court Restrains Chakr Innovation From Using Unlicensed SolidWorks Software On 12 Computers

The Delhi High Court on 5 October restrained Chakr Innovation Private Limited from using, installing or distributing pirated or unlicensed versions of SolidWorks design software, and from tampering with data on 12 computer systems allegedly running unauthorised copies. Justice Vikas Mahajan passed the interim injunction in a copyright infringement suit filed by Dassault Systèmes SolidWorks Corp and its Indian sister company. He observed that. “it prima facie appears that plaintiff no.1 is the...

Delhi High Court Allows Real-Time Blocking Of New F1 Italian Grand Prix Piracy Websites Sought By FanCode

The Delhi High Court has allowed Sporta Technologies Pvt. Ltd., which owns the FanCode streaming platform, to notify domain registrars, hosting entities, and internet service providers directly about newly discovered piracy websites streaming Formula One and other sporting events licensed to it. The company need not file a fresh application each time.Justice Purushaindra Kumar Kaurav passed the order on October 1, supplementing an interim injunction granted on September 10. Under the mechanism,...

Bank Guarantee Invocation Valid Even Without Specifying Recoverable Amount: Delhi High Court

On 7 October, the Delhi High Court held that a performance bank guarantee can be invoked without specifying the exact amount recoverable from a contractor, provided the invocation notice states that the guarantee is being invoked to meet recoveries due or likely to be due. Justice Manoj Jain dismissed Sanjeevni Infra Projects Limited's plea to restrain the Union of India from encashing a Rs. 1.37 crore bank guarantee issued by HDFC Bank for a Central Public Works Department (CPWD) construction...

Depositor's Apprehension Of Recovery Can't Justify Impleadment In Creditor's Writ: Madras High Court

The Madras High Court on 8 October held that a depositor's apprehension that proceedings concerning mortgaged properties may affect his eventual recovery cannot, by itself, justify his impleadment in a writ petition filed by a secured creditor. Justice K. Govindarajan Thilakavadi made the observation while dismissing K. Karunanithi's application to join a writ petition filed by Axis Bank challenging proceedings under the Tamil Nadu Protection of Interests of Depositors (in Financial...

Delhi High Court Sets Aside Glisten LLC's Patent Refusal, Says Grounds Must Be Notified Before Hearing

The Delhi High Court on 1 October set aside the Patent Office's refusal of an application filed by US company Glisten LLC for a gemstone coating invention and remanded the matter for fresh consideration. Justice Purushaindra Kumar Kaurav observed that a “refusal founded on a ground not put to the applicant before the hearing cannot be sustained”. Glisten filed a patent application in India in 2020 titled “Gemstone Coating and Methods of Making and Using the Same”. The First Examination Report...

Madras High Court Constitutes 3-Member Arbitral Tribunal In L&T's ₹74.36 Cr. Rajkot Smart City Dispute

On 8 October, the Madras High Court constituted a three-member arbitral tribunal to resolve a Rs. 74.36 crore dispute between Larsen & Toubro and sub-contractor Radhe Krishna Infrastructure over the Rajkot Smart City project. Chief Justice Sushrut Arvind Dharmadhikari held that determining whether a later work order superseded earlier contractual terms falls within the domain of the arbitral tribunal under Section 16 of the Arbitration and Conciliation Act, 1996. The Bench observed: ...

Delhi High Court Bars Fake Medical Videos Using Dr Devi Shetty's Persona, Flags Public Health Risk

The Delhi High Court has permanently restrained social media pages and YouTube channels from using cardiac surgeon Dr Devi Prasad Shetty's identity to promote false medical claims, observing that such videos could harm not just his reputation but also members of the public who might act on the claims.Justice Purushaindra Kumar Kaurav also restrained them from using the registered marks of Narayana Hrudayalaya Ltd., the hospital chain Dr Shetty founded. The Court said the misuse "is not confined...

Salman Khan's 'Kala Hiran' Suit: Delhi High Court Issues Notice On Producer Amit Jani's Jurisdiction Challenge

The Delhi High Court has issued notice on an application by producer Amit Jani, who contends that the court lacks territorial jurisdiction to hear Salman Khan's suit over the film “Kala Hiran: The Battle for Legacy"Justice Tejas Karia asked Khan to reply within four weeks and listed the application for December 16, along with the other pending matters in the case.The proposed movie is stated to be inspired by Khan's 1998 blackbuck poaching case.Jani's application seeks return of Khan's plaint...

Companies Must Clear The Way Before Launching Processes That May Infringe Patents: Calcutta High Court

The Calcutta High Court has said companies seeking to enter a market with a process potentially covered by an existing patent must remove legal obstacles before commencing operations, rather than waiting to be sued for infringement.“In most jurisdictions the Courts now recognize that insofar as patent matters are concerned, if a would be entrant seeks to launch a process which may be covered by an existing patent, it must take steps to clear the way i.e. remove all obstacles before commencing...

Delhi High Court Restrains 'Gulpy Orange' Maker From Using Bottle Similar To Coca-Cola's 'Pulpy Orange'

The Delhi High Court has restrained Chhabee Nutricos Industries LLP from using a new bottle shape for its “Gulpy Orange” drink, finding it prima facie deceptively similar to The Coca-Cola Company's “Minute Maid Pulpy Orange” bottle.Justice Vikas Mahajan observed that the bottle being used by Chhabee was “deceptively similar” to the shape of Coca-Cola's bottle after examining a comparison of the two designs.Coca-Cola alleged that Chhabee had slightly altered the bottle's shape to get around an...

Delhi High Court Orders Suspension Of Over 120 "JIO LOTTERY" Websites In Reliance Industries' Trademark Suit

The Delhi High Court has ordered the suspension of 126 JIO lottery websites and restrained their operator from using Reliance Industries' JIO trademark, observing that the websites “prima facie seem to satisfy the test of rogue website”.Justice Purushaindra Kumar Kaurav passed the ad interim order on October 7 after examining the websites and their content. The court referred to its earlier ruling in UTV Software Communication Ltd. v. 1337X.to, which laid down the test for identifying rogue...