Delhi High Court Orders Crocs To Pay ₹24.63 Lakh Costs To Bata After Design Registration Was Cancelled

The Delhi High Court on Wednesday directed Crocs Inc. USA to pay ₹24.63 lakh in litigation costs to Bata India Ltd. after a design infringement suit filed by the footwear company was rendered unsustainable following the cancellation of its registered design for lack of novelty. Justice Prathiba M. Singh noted that courts had repeatedly held that Crocs' registered design was not novel and, applying the principles governing costs in commercial litigation, directed the company to reimburse Bata's...

Civil Courts Can't Grant Interim Relief Against SARFAESI Proceedings Despite Suit Being Maintainable: Kerala High Court

The Kerala High Court has held that civil courts cannot grant interim injunctions to halt proceedings under the SARFAESI Act even where the underlying civil suit is maintainable. The ruling applies where the relief sought falls outside the jurisdiction of the Debt Recovery Tribunal. Justice S. Manu delivered the ruling while dismissing an appeal filed by Deepa George against an order of the III Additional Sub Court, Ernakulam refusing interim relief against Federal Bank. The court observed that...

Madras High Court Restrains Online Piracy Of Idhayam Murali Ahead Of Release

The Madras High Court has granted ad interim injunctions restraining internet service providers and cable TV operators from infringing the copyright in the Tamil film Idhayam Murali, which is scheduled to release on July 10. Justice K. Kumaresh Babu passed the common order on two applications filed by Dawn Pictures Private Limited, the producer of the film, in a suit seeking remedies against apprehended copyright infringement. "In matters of this nature, it is likely that irreversible injury...

Suspension Of Fraud Classification Does Not Automatically Nullify Criminal Investigation: Telangana High Court

The Telangana High Court has held that suspension of a bank's administrative decision classifying a borrower's account as "fraud" does not prevent investigation into cognizable offences. The court observed that the CBI's jurisdiction to investigate cognizable offences does not derive its authority merely from the bank's administrative fraud classification. A bench of Justice Nagesh Bheemapaka dismissed a writ petition filed by Vivimed Labs Ltd and its Managing Director challenging the CBI's...

RERA Cannot Treat Temple Deity and Registered Trust As Separate Entities: Madhya Pradesh High Court

The Madhya Pradesh High Court has upheld an order directing registration of a residential-cum-commercial project proposed by Shankar Ji Maharaj Trust after ruling that the Real Estate Regulatory Authority (RERA) could not reject the application by treating the temple deity and the registered public trust managing the temple's affairs as separate entities. A division bench of acting Chief Justice Vivek Rusia and Justice Pradeep Mittal upheld the Madhya Pradesh Real Estate Appellate Tribunal's...

WhatsApp Acknowledgment Of Arbitral Award Shows Acceptance, Bars Delayed Challenge: Delhi High Court

The Delhi High Court has dismissed a challenge to an interim arbitral award after finding that the party seeking to set it aside had acknowledged receiving it on WhatsApp, participated in discussions on its implementation, and acted upon it before questioning the award only after execution proceedings were initiated. The court held that the challenge to the interim arbitral award, raised more than two years after the petitioner admittedly acquired knowledge of it was barred by...

'Duly Certified Copy' Under HC Arbitration Scheme Can Include Party Or Counsel Attestation: Kerala High Court

The Kerala High Court has recently held that, for the purpose of arbitration requests filed under the Kerala High Court Scheme for Appointment of Arbitrators, 1996, a "duly certified copy" of a private arbitration agreement does not have to be certified by a public authority. It held that the requirement is satisfied where the party files an affidavit certifying the copy as a true copy of the original, explains why the original has not been produced, and submits a copy attested to by the party...

Karam Industrial Works Gives Up 'K.I.W.' Trademark, Delhi HC Records Settlement In K.W. Mark Dispute

The Delhi High Court has recorded a settlement between K.W. Enterprises and Karam Industrial Works under which Karam Industrial Works agreed to give up the "K.I.W." trademark and label used for goods covered under trademark Class 12, which includes vehicles and related goods. It also agreed to surrender its copyright registration over the artistic work in the label and consented to its cancellation. In return, K.W. Enterprises gave up its claims for damages, costs, and delivery of infringing...

Delhi High Court Restrains Traders From Using 'Beauty Of Joseon' Trademark And Trade Dress

The Delhi High Court on 2 July granted an ex parte ad interim injunction restraining traders from using GoodAI Global Inc.'s trademark and trade dress associated with its "Beauty of Joseon" skincare brand, and directed Amazon Seller Services to de-list the impugned products. Justice Anup Jairam Bhambhani observed that the plaintiff had “succeeded in making out a prima-facie case for issuance of an ex parte ad interim injunction... for infringement by defendants Nos. 1 to 3 of the...

Taxpayer Cannot Invoke Section 73(4B) Limitation After Delaying Service Tax Proceedings: P&H High Court

The Punjab and Haryana High Court on 2 July held that the one year period prescribed under Section 73(4B) of the Finance Act, 1994 for passing adjudication orders in cases involving the extended period of limitation is not mandatory in all circumstances and cannot be invoked by a taxpayer whose own conduct caused delay in the proceedings. A Division Bench comprising Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor dismissed the appeal filed by Sanjay Verma, an architect and...

Madras High Court Quashes Reassessment Based On Material Already Examined During Original Assessment

The Madras High Court has recently set aside reassessment proceedings initiated against an engineering equipment manufacturer after finding that the Income Tax Department reopened the assessment based on material that had already been disclosed and examined during the original assessment. Justice Senthilkumar Ramamoorthy observed that the reassessment amounted to an impermissible change of opinion. "On comparing the above reasons for reopening with the reply of the petitioner to the notice...

Delhi HC Rejects Intra-Cellular Therapies' Patent Appeal, Holds Bioavailability Alone Insufficient

The Delhi High Court on 6 July upheld the order of the Controller of Patents and Designs dated 27 April 2023, which had rejected the patent application filed by Intra-Cellular Therapies Inc. for “Organic Compounds” on the ground that the claimed invention lacked novelty. Justice Tushar Rao Gedela dismissed Intra-Cellular Therapies Inc.'s appeal against the rejection of its patent application for deuterated organic compounds used in treating psychiatric disorders, holding that the claimed...