Delhi High Court
Delhi High Court Finds No Similarity Between 'OPAL' and 'SHEOPAL'S' Mark, Denies Injunction to OPAL Cosmetics
The Delhi High Court has upheld a Commercial Court order refusing interim injunction to cosmetics brand OPAL, holding that its mark is not deceptively similar to “SHEOPAL'S,” a mark used by Sheopals Pvt. Ltd. (SPL), which also manufactures beauty and wellness products. Delivering judgment on November 26, 2025, a Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla held that a consumer of average intelligence and imperfect recollection would not break the competing mark into...
Any Interpretation Diluting Commercial Courts Act Defeats Its Purpose; No Leniency For Litigants Who Protract Proceedings: Delhi High Court
The Delhi High Court has observed that the Commercial Courts Act was enacted with a specific aim of expediting commercial disputes and the processes adopted by them can't be in such a casual manner, so as to convert them into general civil suit.“Any interpretation of any legal provision that dilutes the provision would militate against the basic philosophy behind creation of commercial courts,” said Justice Girish Kathpalia.The observation was made while dealing with a plea challenging a...
Delhi High Court Protects Gaay Chhap Detergent, Restrains Use Of 'Gopal Gai Chhap' and 'Cow Brand' Marks
The Delhi High Court has granted an interim injunction in favour of Gaay Chhap, a Kanpur-based detergent brand, restraining a Uttar Pradesh trader from using the marks “Gopal Gai Chhap” , “Cow Brand,” and similar labels for detergent soaps, cakes, and washing powders. Justice Tejas Karia passed the order on November 24, 2025, after finding that Gaay Chhap had shown prior and continuous use of its marks and made out a strong prima facie case of trademark infringement and passing off.The order...
Delhi High Court Sets Aside Rejection Of Medilabo's Patent For Neurodegenerative-Disease Drug
The Delhi High Court has set aside a Patent Office order refusing Medilabo RFP's patent application for a pharmaceutical composition used in treating neurodegenerative diseases, holding that the authority rejected the application without examining the amended claims and without explaining how the invention fell within the bar on “methods of treatment” under Section 3(i) of the Patents Act, 1970. For context, Section 3(i) of the Patents Act excludes the patenting of methods of diagnosis and...
Customs | Oral Waiver Of SCN Untenable In Law, Continued Detention Of Goods Illegal: Delhi High Court
The Delhi High Court has held that continued detention or seizure of goods by the Customs Department would be untenable in law, where the Show Cause Notice or the personal hearing have been waived via an oral waiver.A division bench of Justices Prathiba M. Singh and Shail Jain was dealing with a challenge to detention of Petitioner's gold chain weighing 54 grams.Briefly put, Petitioner has residence certificate of Dubai. Her gold jewellery, which is stated to be a personal effect item, was...
Statement Made Before Customs Officer U/S 108 Customs Act Over Goods Seizure Not Admissible In Evidence: Delhi High Court
The Delhi High Court has held that statements made by an assessee to the Customs Department under Section 108 of the Customs Act 1962, upon seizure of its goods, is not admissible as evidence in court of law.“Statements under Section 108 would not be admissible in evidence,” said a division bench of Justices Prathiba M. Singh and Shail Jain.Section 108 deals with the power of customs officers to summon persons to give evidence and produce documents. It stipulates that any Gazetted Officer of...
S.110 Customs Act | Extension To Issue SCN Must Be Granted Before Expiry Of Initial Six-Month Period: Delhi High Court
The Delhi High Court has made it clear that the six-month extension contemplated under Section 110 of the Customs Act 1962 for issuance of a show cause notice after detention of goods by the Customs must be issued before expiry of the initial six-month window.For context, Section 110 deals with Seizure of goods. It stipulates that where any goods are seized, and no notice is given within six months of the seizure, the goods shall be returned. Provided that the Principal Commissioner may, for...
Delhi High Court Clears 'SoEasy' Trademark For Hindi Learning Platform, Calls It Suggestive and Distinctive
The Delhi High Court has overturned the Trade Marks Registrar's refusal to register the mark “SoEasy” for a Hindi learning and testing platform, holding that the phrase is suggestive rather than descriptive and is therefore capable of trademark protection. The Court directed the Registrar to process the application for registration. In a judgment delivered on November 24, 2025, Justice Tejas Karia ruled that “SoEasy” does not describe the qualities or characteristics of the goods covered and...
Delhi High Court Cancels Copyright For Edible Oil Label Bearing 'Swastik', Says It Copies Rajani Products' Artwork
The Delhi High Court has cancelled a copyright registration granted for an edible oil label featuring a 'Swastik' device, holding that the artwork was a substantial reproduction of a label long used by Rajani Products, a manufacturer and seller of edible oils. Finding that the rival work lacked originality, the Court directed that the entry be expunged from the Register of Copyright.Delivering the judgment on November 24, 2025, Justice Tejas Karia held that the artistic work registered by a...
Property From Illegal Cricket Betting Activities Constitutes 'Proceeds Of Crime', Can Be Attached By ED: Delhi High Court
The Delhi High Court has held that though cricket betting is not a separate predicate offence under Prevention of Money Laundering Act, 2002, the property generated from such illegal activities can be attached by the Enforcement Directorate.A division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar observed that the scope of Section 2(1)(u) PMLA, which defines proceeds of crime, is very wide.“Even if a downstream activity, such as conducting betting, is not a scheduled offence,...
Delhi HC Allows Time-Barred Appeal Against Customs' Confiscation Of Gold, Says Traveller Cannot Be Left Remediless Due To Wrong Legal Advice
The Delhi High Court recently allowed an air traveller to prefer a time-barred appeal against confiscation of gold by the Customs Department, upon his arrival from Thailand.In doing so, a division bench of Justices Prathiba M. Singh and Shail Jain said, “the Petitioner cannot be rendered completely remediless in this matter as he may have proceeded on the legal advice.”The Petitioner had claimed that he was wrongly advised by the Customs Department that there is no remedy available, as absolute...
Delhi High Court Imposes ₹1 Lakh Cost On Senior Citizen Who Failed To Attend Personal Hearing Over ₹1.95 Crore GST Demand
The Delhi High Court has directed the Customs Department to grant one more opportunity to a septuagenarian woman, who failed to appear for personal hearing in connection with ₹1,95,11,160 demand raised against her firm.The Petitioner is the sole proprietor of the firm, who has a dealership agreement with M/s. Hindustan Petroleum Corporation Limited in respect of domestic & commercial Liquified Petroleum Gas for a period of 10 years. A notice was issued to the Petitioner's firm relating to...