Delhi High Court Upholds Injunction Against 'DYNAFRESH' In Trademark Dispute With Anchor's 'DYNA'

The Delhi High Court has dismissed an appeal filed by Jagdish Dahyalal Patel against an ex-parte ad-interim injunction restraining him from using the trademark 'DYNAFRESH' for air fresheners.Relying on the Registrar of Trade Marks' unchallenged finding that 'DYNAFRESH' was deceptively similar to Anchor Consumer Products Private Limited's registered trademark 'DYNA', the court held that Patel's adoption of the mark was not bona fide.A Division Bench of Justice V. Kameswar Rao and Justice Manmeet...

Delhi High Court Grants HBO Temporary Injunction Against 30 Rogue Websites In Copyright Suit

The Delhi High Court has recently granted an ad-interim injunction in favour of Home Box Office Inc. (HBO) against 30 rogue websites allegedly streaming its copyrighted films and shows without authorisation.The court has also directed internet service providers (ISPs) and domain name registrars (DNRs) to technically verify whether any newly identified website is a mirror, redirect or alphanumeric version of the injuncted websites and, if so, enforce the injunction against it as a pro-tem...

Email Delivery Of Scanned Signed Arbitral Award Starts Limitation For Challenge: Delhi High Court

The Delhi High Court on 7 July held that an arbitrator's email transmitting a scanned signed copy of an arbitral award amounts to valid delivery under Section 31(5) of the Arbitration and Conciliation Act, 1996 and starts the limitation period for challenging the award under Section 34. Justice Om Prakash Shukla dismissed a petition by the Chief Engineer, Employees' State Insurance Corporation (ESIC), challenging an arbitral award dated 19 August 2023 in favour of Enarch Consultants as...

Delhi High Court Orders Takedown Of 'Kala Hiran' Teaser, Related Clips In Salman Khan's Personality Rights Suit

The Delhi High Court on Monday directed that all disputed links, including the teaser of movie Kala Hiran and other online content identified by actor Salman Khan in his personality rights suit, be taken down within 24 hours. The court further directed that if the uploaders failed to remove the content within that period, the platforms hosting it would take it down within the next 24 hours. Justice Jyoti Singh was hearing Khan's interim application in his personality rights suit against the...

Delhi High Court Sets Aside Refusal Of Patent For Cancer Drug Combination, Orders Fresh Review

The Delhi High Court has set aside the refusal of a US company's patent application for a pharmaceutical combination used to treat proliferative diseases, including colorectal cancer.Holding that the Deputy Controller's findings on inventive step and patentability under Sections 3(d) and 3(i) of the Patents Act could not be sustained, the court remanded the matter for fresh consideration. Justice Tushar Rao Gedela rejected the objection under Section 3(i), observing, "It is clear that claim 1...

Delhi High Court Bars Unity Small Finance Bank From Considering Share Capital Increase Without BharatPe's Consent

The Delhi High Court on Friday held that Unity Small Finance Bank could not place before its board a proposal to increase its authorised share capital and amend its Memorandum of Association without the prior written consent of BharatPe, which owns a 49% stake in the bank. Justice Tushar Rao Gedela granted interim relief to BharatPe (Resilient Innovations Private Limited), holding that the proposal fell within "Reserved Matters" under the parties' Shareholders' Agreement (SHA)."If the SHA...

Requiring AI Companies To Obtain Multiple Licences For LLM Training Would Be Economically Unviable: Delhi High Court

The Delhi High Court has observed that requiring artificial intelligence (AI) companies to obtain licences from multiple sources to train Large Language Models (LLMs) would make their development economically unviable, while refusing to grant an interim injunction sought by ANI Media against OpenAI in its copyright infringement suit over ChatGPT. "The key to success of an AI model is to access the information in public domain. The development of LLMs and their success depends on availability of...

Delhi High Court Sets Aside Arbitral Award Rejecting Spectrum Power's GST Refund Claim Against GAIL

The Delhi High Court has set aside an arbitral award rejecting Spectrum Power Generation Limited's claim for refund of GST reimbursed to GAIL (India) Limited under a Gas Sale Agreement, holding that the award suffered from patent illegality.The court held that GAIL was required to independently establish that it had deposited GST and that the arbitral tribunal could not rely on disputed tax payment receipts without first deciding their admissibility.Justice Avneesh Jhingan observed, "In the...

Delhi High Court Restrains Copyright Holders From Issuing Groundless Infringement Threats Against TVS

The Delhi High Court on Thursday restrained the holders of two copyright registrations from issuing any further groundless threats of copyright infringement proceedings against TVS Motor Company over allegations that its engines, two-wheelers and three-wheelers used features covered by their registered literary works. Justice Jyoti Singh passed the ad interim order in a suit filed by TVS seeking, among other reliefs, a declaration that a cease-and-desist notice issued by Ram Chandra Maurya and...

OpenAI's Use Of ANI Content To Train ChatGPT Is Not Prima Facie Copyright Infringement: Delhi High Court

The Delhi High Court on Friday dismissed Asian News International's (ANI) plea for an interim injunction against OpenAI in its suit alleging copyright infringement over the alleged use of ANI's content to train ChatGPT. Justice Amit Bansal held that "ANI has failed to make out a prima facie case for grant of interim injunction." Ruling on four issues framed in the suit, with findings on the first and third issues delivered together, the Court upheld its territorial jurisdiction to hear the case...

Settled Disputes Cannot Be Revived Without Express Reservation Of Future Claims: Delhi High Court

The Delhi High Court on 23 July held that parties cannot reopen issues settled through a settlement agreement after acting upon the settlement without reserving any future claims, as such a course would undermine certainty, consistency and finality in disputes. Justice Tushar Rao Gedela upheld an arbitral award granting Atlanta Infra Assets Limited a 53-day extension of the concession period for the Nagpur-Kondhali section of National Highway-6 in Maharashtra, including an additional 28 days...

SEBI Reference Alone Does Not Make Writ Petition Against Stock Broker Maintainable: Delhi High Court

The Delhi High Court on 22 July held that merely marking a representation or complaint to the Securities and Exchange Board of India (SEBI) does not make a writ petition maintainable when the dispute is essentially between an investor and a private stock broker and alternative statutory remedies are available. A Single Bench of Dr. Justice Swarana Kanta Sharma dismissed a petition filed by Sushil Kumar Verma against SEBI and Indiabulls Securities Limited, holding that the petitioner had...