Delhi HC Refuses to Reject Astral's Trademark Suit Against Astral Marketing Over Justdial Listing Accessible In Delhi

The Delhi High Court has recently refused to throw out a trademark infringement suit filed by Astral Ltd against Astral Marketing Syndicate. The Court observed that the defendant's Justdial listing enabled customers in Delhi to access product information and contact the business, thereby prima facie giving rise to part of the cause of action in the capital. Justice Tejas Karia held that the functionality of the listing could reasonably be construed as facilitating commercial transactions. The...

Google Not Bound By Earlier Orders To Proactively Monitor Use Of DRS Logistics Marks In Ads: Delhi High Court

Google cannot be held in contempt over third-party advertisements using DRS Logistics' trademarks in ad text, ad titles and URLs, the Delhi High Court has held, ruling that earlier orders did not require the company to "proactively monitor and prevent" such use. Justice Tejas Karia passed the order on Monday. "Therefore, the Judgments do not impose any obligation upon Defendant Nos. 1 and 3 to proactively monitor and prevent the use of the Subject Marks in Ad-Text, Ad-Title, or URL in...

Delhi Court Denies Bail To Ex-RCOM Executive Over Alleged Loan Fund Diversion Used To Acquire Yacht, Overseas Apartment

A Delhi court on Monday denied bail to Punit Narendra Garg, former Executive Director of Reliance Communications Ltd. (RCOM), in a case arising from allegations that Reliance Anil Ambani Group entities diverted loan funds linked to borrowings of more than ₹40,185 crore to acquire a luxury yacht and an overseas apartment. The court held that Garg had failed to satisfy the conditions for bail under the Prevention of Money Laundering Act. Special Judge (PC Act) CBI Ajay Gupta of the Rouse Avenue...

Delhi HC Grants Interim Protection To Orange Orbit LLP in Rs. 18.6 Cr. Dispute With HostBooks Ltd.

The Delhi High Court recently granted interim protection to Orange Orbit LLP in its Rs. 18.6 crore investment dispute with HostBooks Limited in a petition under Section 9 of the Arbitration and Conciliation Act, 1996. Justice Mini Pushkarna allowed the petition and restrained HostBooks and its founders (Respondent Nos. 2 and 3) from alienating or creating further encumbrances over its assets, business, software, intellectual property and securities pending arbitration till the next date of...

Delhi High Court Restrains Ex-Franchisee From Using Toni & Guy Brand Pending Arbitration

On 26 May, the Delhi High Court granted interim protection under Section 9 of the Arbitration and Conciliation Act, 1996 and restrained a former franchisee from using the “Toni & Guy” trademarks and associated intellectual property pending arbitration. Justice Mini Pushkarna held that a valid arbitration agreement governed the dispute and protected the franchisor's brand rights during the pendency of proceedings and allowed the petition filed by Profile India International. The Bench...

Withdrawn Civil Suit Does Not Bar Invocation Of Arbitration Clause: Delhi High Court

The Delhi High Court has recently held that the filing of an earlier civil suit does not bar a party from invoking an arbitration clause where the suit was subsequently withdrawn. The court observed, “Mere fact that earlier a civil suit had been filed, would be no bar to invoke arbitration in terms of the Arbitration Clause, especially, when the said suit had been withdrawn.” Justice Mini Pushkarna made the observation while appointing Justice (Retd.) Kurian Joseph, former judge of the Supreme...

Arbitrator Appointment Without Written Waiver Under Section 12(5) Is Void Ab Initio: Delhi High Court

On 26 May, the Delhi High Court reiterated that waiver of the applicability of Section 12(5) read with the Seventh Schedule of the Arbitration and Conciliation Act cannot be inferred from conduct and must arise only from an express written agreement between the parties. A Bench of Justice Avneesh Jhingan set aside an arbitral award in a dispute between a developer and the Air Force Naval Housing Board (AFNHB) concerning construction of a residential complex. It observed: “The unilateral...

Delhi HC Refers Morgan Securities–BPL Post-Award Dispute To Arbitration, Appoints Justice U.U. Lalit

On 29 May, the Delhi High Court referred the disputes between Morgan Securities and Credits Pvt. Ltd. and BPL Limited to arbitration, appointed former Chief Justice of India Justice U.U. Lalit as sole arbitrator, and continued interim protection restraining alteration of BPL's assets, management, and control structure pending arbitration. A Single Judge Bench of Justice Harish Vaidyanathan Shankar held that alleged post-award breaches arising from subsequent transactions can give rise to a...

Delhi High Court Refers Zee-Zivore Copyright Dispute Over Instagram Music To Mediation

The Delhi High Court on 29 May referred a copyright dispute between Zee Entertainment Enterprises Limited and Zivore Apparel Private Limited to mediation after Zivore undertook not to use Zee's repertoire pending adjudication of the injunction application. Justice Tushar Rao Gedela noted that music available in Instagram's licensed music library cannot, prima facie, be used for commercial purposes and referred the parties to the Delhi High Court Mediation and Conciliation Centre and requested...

Mere Objections To Specific Performance Not Enough To Deny Interim Relief In Arbitration: Delhi High Court

The Delhi High Court has recently held that mere invocation of statutory restrictions on specific performance cannot, by itself, justify refusal of interim protective relief in arbitration proceedings. It observed that such objections must be clearly established before a court can decline measures aimed at preserving the subject matter of a dispute pending arbitration. Justice Harish Vaidyanathan Shankar made the observation while granting interim protection to Conscient Infrastructure Pvt....

Delhi HC Directs IndiaMart To Take Down MJ Talk Tools Listings Over Alleged Copying Of SpeechGear's Products

The Delhi High Court has recently directed IndiaMart to take down specified listings of MJ Talk Tools before the next date of hearing. The direction came in a suit filed by SpeechGears India Pvt Ltd, which alleges infringement of its copyrights, trade dress and the shape of tools used in kits designed for children with autism and speech impairment. Justice Tushar Rao Gedela passed the order on May 29 while hearing an application seeking ex-parte ad-interim relief. "The images of the...

Delhi HC Grants Temporary Injunction Against 'Milan's Kreamy Toffee' In Amber Nutrition Trademark Dispute

The Delhi High Court has recently granted a temporary restraint on the sale and marketing of confectionery products under the names "Milan's Kreamy Toffee" and "Milan's Kreami Toffee", finding them deceptively similar to Amber Nutrition Private Limited's "Amber Kream Toffee" products. Justice Tushar Rao Gedela passed the order on May 29. The court held that the products infringed Amber Nutrition's trademark, trade dress and copyrighted artistic work associated with its "Amber Kream Toffee"...