Delhi High Court Temporarily Restrains Mumbai Café Operator From Using 'MOCHA KAFFEE' Trademark

The Delhi High Court has temporarily restrained Mumbai-based café operator Mocha Kaffee from offering, marketing or advertising its business under the “MOCHA KAFFEE” mark. The court found that the mark was deceptively similar to the registered “MOCHA” trademarks of Impresario Entertainment and Hospitality Pvt. Ltd.Justice Jyoti Singh granted an ex parte ad interim injunction after finding that Impresario had made out a prima facie case of trademark infringement and passing off. The court also...

Evidentiary Value Of Kachcha Parchis, Electronic Data Must Be Examined By GST Appellate Authority: Delhi High Court

The Delhi High Court has held that questions concerning the admissibility, authentication and evidentiary value of electronic data and handwritten 'kachcha parchis' relied upon in a GST case should be raised before the statutory appellate authority rather than examined in writ proceedings.The division bench of Justices Anil Kshetarpal and Shail Jain was dealing with a batch of writ petitions challenging orders passed under the Central Goods and Services Tax (CGST) Act against several entities...

Delhi High Court Rejects Challenge To CGST Proceedings As SGST Notices Came Later

The Delhi High Court has rejected a challenge to Central GST proceedings after finding that the corresponding State GST notices were issued later. The division bench of Justices Anil Kshetarpal and Shail Jain made the ruling while dealing with a writ petition filed by a partnership firm challenging CGST proceedings as being barred under Section 6(2)(b). The provision provides that where a proper officer under the State GST law has initiated proceedings on a subject matter, no proceedings shall...

Two Customs Show Cause Notices From Same DRI Investigation Retain Separate Legal Identity: Delhi High Court

The Delhi High Court has held that two show cause notices issued pursuant to the same investigation by the Directorate of Revenue Intelligence (DRI) retain their separate legal identity and can be adjudicated independently, even where they have been assigned to the same adjudicating authority and taken up together for hearing.The division bench of Justices Anil Kshetarpal and Shail Jain observed that the mere fact that two SCNs emanate from the same investigation, or that they are entrusted to a...

Delhi High Court Upholds Restoration Of Shareholding After 964 Shares Allotted During Restraint Order

The Delhi High Court has upheld an order directing restoration of the shareholding pattern of Moral Properties Private Limited after its Board allotted 964 fresh shares while a restraint order concerning the company's properties was in force.Justice Manoj Kumar Ohri dismissed an appeal against the order passed by the Additional District Judge, South District, Saket Courts, which found that the allotment violated the restraint order and directed restoration of the earlier shareholding pattern.The...

Delhi High Court Sets Aside Order Rejecting Patent For Carbon Dioxide Capture Device

The Delhi High Court has set aside an order of the Assistant Controller of Patents rejecting Enviro Ambient Corporation's patent application for a carbon dioxide capture device, finding the rejection “unreasoned and non-speaking.”Justice Jyoti Singh observed that a substantial part of the impugned order was devoted to extracting objections raised in the First Examination Report (FER) and referring to prior arts, without properly analysing Enviro's case. “Regrettably, none of these issues even...

Punjab & Haryana High Court Directs Release Of JK Cement GST Refund Despite Revenue Appeal

The Punjab and Haryana High Court has directed the Revenue to release a GST refund to JK Cement Works, holding that the company cannot be denied the refund merely because the Revenue has challenged the refund order before the Appellate Tribunal.The Division Bench comprising Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor passed the order on a petition filed by the cement manufacturer, which has a manufacturing unit at Jharli, Haryana.The company had secured an order allowing...

Delhi High Court Restrains Rogue Websites From Using Well-Known GATI Mark For Packers, Movers Services

The Delhi High Court has restrained 36 operators of rogue websites and an unidentified person from offering packing, shifting, and relocation services under marks incorporating the well-known “GATI” or deceptively similar variants. The court also directed domain registrars, including GoDaddy, to lock and suspend the domains listed in the order within 36 hours of receiving a copy of the order. Justice Jyoti Singh was hearing an application filed by Allcargo Logistics Limited seeking an ex-parte...

Single Judge Could Not Have Relaxed Injunction Upheld By Division Bench In Dabur-Emami Case: Delhi High Court

The Delhi High Court has held that a single judge cannot relax an interim injunction restraining Dabur India Limited from selling its “Cool King Thanda Tel” under a trade dress found deceptively similar to Emami Limited's product after a Division Bench has already upheld the injunction in appeal.A division bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora held that Dabur's subsequent application seeking permission to dispose of its existing stock could not have been...

Bombay High Court Directs Amazon Retail To Hand Over Expired Goods To FDA For Disposal

The Bombay High Court has recorded a stop-gap arrangement under which Amazon Retail India Pvt Ltd will prepare an inventory of expired goods lying inside its effectively sealed warehouse. The goods will then be handed over to the Food and Drug Administration (FDA) for verification and disposal as per the prescribed procedure. The case relates to FDA action concerning expired and damaged food products at Amazon Retail's warehouse in Bhiwandi, Thane. The FDA inspected the facility on June 24,...

Delhi High Court Restrains Scott Edil From Selling 'Nexporin', 'Zetum' Over Similarity With GSK Marks

The Delhi High Court on 5 August restrained Scott Edil Pharmacia Limited and its affiliate from manufacturing, selling or advertising pharmaceutical products under the marks “Nexporin” and “Zetum”, holding them deceptively similar to GlaxoSmithKline Pharmaceuticals Limited's registered trademarks “Neosporin” and “Ceftum”. Justice Jyoti Singh passed the order while hearing an application filed by GlaxoSmithKline Pharmaceuticals Limited (GSK) seeking an ex-parte ad-interim injunction against...

Delhi High Court Restrains Mohali Restaurant From Using 'GOLA' Marks After Franchise Termination

The Delhi High Court on 5 August restrained GM Foods and another, operators of a restaurant in Mohali, from using the trademarks "GOLA," "GOLA SIZZLERS" and "GOLA RESTAURANTS" following termination of their franchise arrangement with Gola Sizzlers Private Limited over royalty defaults and alleged sales suppression. Allowing the application, a Bench of Justice Jyoti Singh observed that "prima facie without any right, title or authority and amounts to infringement under Section 29(2)(c) of the...