Delhi High Court Orders Cancellation Of Indian Firm's 'ALPHARD' Trademark Registrations In Favour Of Toyota

The Delhi High Court has allowed Toyota Jidosha Kabushiki Kaisha's appeal and directed removal of the trademark 'ALPHARD' from the Indian Trade Marks Register, holding that the Japanese automaker had established spill-over reputation of the mark in India prior to Tech Square Engineering Pvt. Ltd.'s registration of the mark. A Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla, in a judgment pronounced on May 4, cancelled Tech Square's ALPHARD trademark registrations...

Civil Courts Cannot Grant Injunctions Against SARFAESI Action: Karnataka High Court

The Karnataka High Court has set aside a Commercial Court order that had stopped lenders from taking action under the SARFAESI Act, holding that such directions cannot be issued by civil courts. Referring to Section 34 of the SARFAESI Act, which bars courts from granting injunctions in such matters, the Court said: “A plain reading of the said section indicates that it proscribes any Civil Court from issuing any injunction not only with respect to the action taken, but also to an action that...

Delhi High Court Directs Release of Seized Gold, Notes Redemption Relief Already Granted

The Delhi High Court has directed Customs authorities to release seized gold after noting that an individual passenger had already been granted redemption of the goods in appeal, which was affirmed in revision. A bench of Justice Nitin Wasudeo Sambre and Justice Ajay Digpaul observed that the petitioner, Harish Kumar, had secured substantial relief through the appellate process, which stood affirmed by the Revisional Authority. Emphasising this, the Court directed immediate release of the gold...

Karnataka High Court Allows Alternate Security In Arbitral Award Execution Despite Finality Of Stay Condition

The Karnataka High Court has held in an arbitral award execution matter that courts can modify conditions imposed while granting a stay, even if such conditions have attained finality, to secure the ends of justice. Justice H. T. Narendra Prasad observed: “While the condition imposed earlier has attained finality, the same does not preclude this Court from moulding the relief in execution proceedings so as to secure the ends of justice, particularly when adequate alternative security is...

Delhi High Court Dismisses Stock Broker's Plea Against Order Summoning Him In ₹42,000 Crore DHFL Fraud Case

The Delhi High Court has dismissed a petition filed by stockbroker Jalaj Batra challenging an order dated April 27, 2024 of a Special Judge (PC Act) at Rouse Avenue Courts, New Delhi, summoning him as an accused in the Rs 42,000 crore DHFL loan fraud and alleged share price manipulation case. The order involves taking cognisance of offences under the IPC and Prevention of Corruption Act, including criminal conspiracy, cheating, forgery and corruption. A bench of Justice Manoj Jain held that...

Delhi High Court Restrains Brahmastra Pharmacy From Using 'STAND UP' Mark Over Trade Dress Similarity

The Delhi High Court on 30 April restrained Brahmastra Pharmacy from using the mark 'STAND UP' along with its label and trade dress in a suit filed by PSTGems Private Limited and found prima facie similarity warranting injunctive relief. A Bench of Justice Tushar Rao Gedela observed that interim protection can be granted against adoption of a deceptively similar trademark and trade dress when visual comparison indicates a likelihood of consumer confusion. He held: "the mark 'STAND UP'...is...

MasterChow Agrees To Stop Using Dhurandhar Character In Its Ad; Bombay HC Records Settlement In Jio's Suit

A dispute over the use of the Dhurandhar film character 'Jameel Jamali' in an advertisement has been settled before the Bombay High Court, with Reliance Industries Limited's Jio Studios resolving its case against MasterChow Foods Private Limited. Jio Studios had objected to an advertisement created by MasterChow that featured the character 'Jameel Jamali' from Dhurandhar, along with behind-the-scenes footage from the film. The company said this amounted to copyright infringement in the...

Karnataka High Court Dismisses AVTEC Appeal, Holds Unilateral Appointment Of Sole Arbitrator Invalid

The Karnataka High Court on 29 April dismissed an appeal filed by AVTEC Limited and upheld the Commercial Court's order setting aside an arbitral award. A Division Bench of Justices Anu Sivaraman and T.M. Nadaf held that parties cannot permit unilateral appointment of a sole arbitrator under the Arbitration and Conciliation Act, 1996, and also ruled that a party which participates in arbitration without objection cannot later dispute jurisdiction. It observed: “The appellant having...

Bombay High Court Restrains United Biotech From Using 'OTIDE' Mark In Dispute With Sun Pharma

The Bombay High Court on 4 May granted an interim injunction in favour of Sun Pharma Laboratories Limited and restrained United Biotech Private Limited from using the mark OTIDE. Justice Sharmila U. Deshmukh, held that phonetic similarity between pharmaceutical marks OCTRIDE and OTIDE is sufficient to establish a prima facie case of passing off. However, she declined relief on the infringement claim. She observed: “The incorrect pronunciation of trade marks used for marketing medicines is not...

BREAKING | Bombay High Court Quashes FIR Against HDFC Bank CEO Sashidhar Jagdishan By Lilavati Trust

The Bombay High Court on Tuesday quashed the FIR registered against Sashidhar Jagdishan, Managing Director and CEO of HDFC Bank, in connection with allegations of bribery made by the Lilavati Kirtilal Mehta Medical Trust, which manages the Lilavati HospitalA division bench of Justices M. S. Karnik and N. R. Borkar allowed Jagdishan's plea seeking quashing of the FIR lodged by the Bandra police on along with the magistrate's order that had directed registration of the case.The FIR had been...

Madras HC Refuses To Strike Off Suit In Dispute Over 49th South India Motor Rally Despite Arbitration Clause

The Madras High Court has refused to strike off a civil suit over disputes relating to a motorsports event, including the 49th South India Rally, holding that the existence of an arbitration clause does not by itself bar the jurisdiction of a civil court. “Further, the existence of an arbitration clause does not ipso facto bar the jurisdiction of the Civil Court unless the procedure contemplated under the Section 8 of the Arbitration and Conciliation Act, 1996 is duly invoked before the...

Madras High Court Paves Way for Release of Gautham Vasudev Menon's Dhruva Natchathiram Subject To Conditions

The Madras High Court recently permitted the release of Dhruva Natchathiram, a Gautham Vasudev Menon directorial, subject to the condition that pre-release payments be made to creditors and that all revenues from the film be routed through a court-monitored bank account. The film, which stars Chiyaan Vikram in the lead role, has been delayed by nearly eight years since it was first slated for release. The injunction had originally been obtained in 2023 by two parties to the production...