Blue Jays' Global Reputation Alone Not Enough To Cancel Indian 'BLUE-JAY' Trademark: Delhi High Court

The Delhi High Court has held that mere global reputation of a trademark, without proof of spillover of goodwill into India, is insufficient to cancel a registered Indian trademark.A Division Bench of Justices C Hari Shankar and Om Prakash Shukla thus set aside a single judge order cancelling the 'BLUE-JAY' mark used by an Indian partnership firm (Appellant-Defendant) on its apparel.The mark was cancelled in a trademark infringement suit filed by the IP holding company (Respondent-Petitioner) of...

Delhi High Court Refuses To Restrain City Ayurvedic Drug Maker From Using “NOKUF” For Cough Syrup

The Delhi High Court has refused to stop Dehlvi Remedies Private Limited, an city based Ayurvedic drug maker, from using the mark “NOKUF” for cough syrups, holding that its use of the mark since 1994 defeats a later claim by Sana Herbals Private Limited, which sells its product as “NOKUFSYRUP.”In a judgment delivered on January 5, 2026, a Division Bench of Justices C Hari Shankar and Om Prakash Shukla dismissed Sana Herbals' appeal against an order of the Commercial Court at Tis Hazari that had...

Delhi High Court Stays Over ₹20 Crore Decrees In Favour Of Philips In DVD Patent Dispute

The Delhi High Court on Monday stayed the execution of money decrees worth over Rs 20 crore passed in favour of Koninklijke Philips N.V., the Netherlands-based electronics company widely known as Philips. The stay is subject to the judgment debtors furnishing unconditional and irrevocable bank guarantees covering the principal amounts of damages. A Division Bench of Justice C Hari Shankar and Justice Om Prakash Shukla said it found no fault with the Single Judge's conclusions on patent...

Madras High Court Sets Aside GST Demand For Not Considering CBIC Circulars Cited By Taxpayer

The Madras High Court has set aside a GST demand on a corporate guarantee after finding that the tax department failed to consider CBIC circulars relied upon by the taxpayer while raising the assessment.Allowing the writ petition, Justice G R Swaminathan held that an assessment order cannot survive if the tax department fails to consider the defence raised by the taxpayer. The court held, “When a defense raised by the noticee is not considered in the final order, the order is vulnerable on...

Madras High Court Upholds Trade Marks Registry Order Rejecting “Fresh Not Frozen” Mark

The Madras High Court has dismissed an appeal filed by Freshtohome Foods Private Limited, a Bangalore-based online grocery delivery platform against a 2019 order of the Trade Marks Registry rejecting its trademark application for the brand “FRESH NOT FROZEN”. Justice N Anand Venkatesh passed the order on December 18, 2025. The court held that the proposed mark was deceptively similar to an existing registered trademark, “FRESH N FROZEN”, which covers similar food-related retail services. The...

Bombay High Court Sets Aside Arbitral Award Passed With “Undue Haste” After Four-Year Delay

The Bombay High Court has set aside an arbitral award, holding that it was passed in undue haste after nearly four years of inaction and without giving the parties any opportunity of hearing.A Single Bench of Justice Sandeep V Marne found that the arbitrator acted with undue haste and in clear breach of natural justice. Rejecting the explanation offered for the long delay, the Court said, “The explanation put forth by the Arbitrator for the delay is factually incorrect. The Arbitrator...

Madras High Court Rejects Minister I Periyasamy's Plea Against ED Probe, Tells Him To Approach PMLA Adjudicating Authority First

The Madras High Court has dismissed a plea filed by Tamil Nadu Minister for Rural Development I Periyasamy and his family members challenging an ECIR registered against them by the Enforcement Directorate in connection with a money laundering case. The bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan noted that the parties had filed the plea without approaching the adjudicating authority first. The bench thus directed them to approach the adjudicating...

Mere Apprehension of Business Loss In State Does Not Confer Writ Court Territorial Jurisdiction: Calcutta High Court

The Calcutta High Court has recently held that a petitioner's mere apprehension of business loss in West Bengal is not enough to invoke the court's territorial jurisdiction in a writ petition. A single-judge bench of Justice Om Narayan Rai, while dismissing a plea filed by a Kuwait company said that it is the infringement of a legal right that gives rise to a cause of action."The lis before this Court is only with regard to the violation of the petitioner's right to fair treatment and fair...

Mandatory Pre-Deposit For Customs Appeal Cannot Be Waived For Financially Sound Appellant: Karnataka High Court

The Karnataka High Court has held that the mandatory pre-deposit required to pursue a customs appeal cannot be waived for a financially sound appellant/importer. In a recently uploaded order pronounced on November 7, 2025, Justice M. Nagaprasanna said the pre-deposit under Section 129-E of the Customs Act does not deny access to justice. “It is a statutory discipline that applies uniformly to all appellants. The statute's mandate endures, subsists and is unyielding, until constitutional...

IGST | Marketing & Technical Support Services To Foreign Parent Qualify As Export Of Services, Not Intermediary: Karnataka High Court

The Karnataka High Court held that marketing and technical support services provided by the assessee to its foreign parent qualify as export of services under the IGST Act (Integrated Goods and Services Tax) and do not constitute intermediary services. Justice S.R. Krishna Kumar noted that the place of supply of these services is outside India, satisfying all conditions for export of services, and the assessee is eligible for a refund of IGST paid. In the case at hand, the assessee/petitioner...

Delhi High Court PMLA Digest 2025

'Not A Minor Offence, Part Of Crime Syndicate': Delhi HC Denies Bail To PMLA Accused Booked For Supplying Spurious Anti-Cancer MedicinesCase title: Lovee Narula vs.Directorate Of EnforcementCitation: 2025 LiveLaw (Del) 115The Delhi High Court has denied bail to an accused/applicant booked under the Prevention of Money Laundering Act, 2002 (PMLA) for his alleged involvement in the illegal procurement of empty vials and raw materials of anti-cancer drugs.Justice Chandra Dhari Singh in his order...

GST Refund Is Vested Right, Cannot Be Limited By Retrospective Application Of 2019 Amendment: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that the 2019 amendment to the GST law changing the limitation period for claiming refund of unutilised input tax credit cannot be applied retrospectively to deny refund claims relating to periods prior to 1 February 2019.The Division Bench of Justice Sindhu Sharma and Justice Shahzad Azeem while deciding a writ petition filed by Bharat Oil Traders, a partnership firm engaged in the refilling and sale of edible oil and ghee.The petitioner...