Delhi High Court
Delhi High Court Temporarily Restrains Mumbai Café Operator From Using 'MOCHA KAFFEE' Trademark
The Delhi High Court has temporarily restrained Mumbai-based café operator Mocha Kaffee from offering, marketing or advertising its business under the “MOCHA KAFFEE” mark. The court found that the mark was deceptively similar to the registered “MOCHA” trademarks of Impresario Entertainment and Hospitality Pvt. Ltd.Justice Jyoti Singh granted an ex parte ad interim injunction after finding that Impresario had made out a prima facie case of trademark infringement and passing off. The court also...
Evidentiary Value Of Kachcha Parchis, Electronic Data Must Be Examined By GST Appellate Authority: Delhi High Court
The Delhi High Court has held that questions concerning the admissibility, authentication and evidentiary value of electronic data and handwritten 'kachcha parchis' relied upon in a GST case should be raised before the statutory appellate authority rather than examined in writ proceedings.The division bench of Justices Anil Kshetarpal and Shail Jain was dealing with a batch of writ petitions challenging orders passed under the Central Goods and Services Tax (CGST) Act against several entities...
Delhi High Court Rejects Challenge To CGST Proceedings As SGST Notices Came Later
The Delhi High Court has rejected a challenge to Central GST proceedings after finding that the corresponding State GST notices were issued later. The division bench of Justices Anil Kshetarpal and Shail Jain made the ruling while dealing with a writ petition filed by a partnership firm challenging CGST proceedings as being barred under Section 6(2)(b). The provision provides that where a proper officer under the State GST law has initiated proceedings on a subject matter, no proceedings shall...
Two Customs Show Cause Notices From Same DRI Investigation Retain Separate Legal Identity: Delhi High Court
The Delhi High Court has held that two show cause notices issued pursuant to the same investigation by the Directorate of Revenue Intelligence (DRI) retain their separate legal identity and can be adjudicated independently, even where they have been assigned to the same adjudicating authority and taken up together for hearing.The division bench of Justices Anil Kshetarpal and Shail Jain observed that the mere fact that two SCNs emanate from the same investigation, or that they are entrusted to a...
Delhi High Court Upholds Restoration Of Shareholding After 964 Shares Allotted During Restraint Order
The Delhi High Court has upheld an order directing restoration of the shareholding pattern of Moral Properties Private Limited after its Board allotted 964 fresh shares while a restraint order concerning the company's properties was in force.Justice Manoj Kumar Ohri dismissed an appeal against the order passed by the Additional District Judge, South District, Saket Courts, which found that the allotment violated the restraint order and directed restoration of the earlier shareholding pattern.The...
Delhi High Court Sets Aside Order Rejecting Patent For Carbon Dioxide Capture Device
The Delhi High Court has set aside an order of the Assistant Controller of Patents rejecting Enviro Ambient Corporation's patent application for a carbon dioxide capture device, finding the rejection “unreasoned and non-speaking.”Justice Jyoti Singh observed that a substantial part of the impugned order was devoted to extracting objections raised in the First Examination Report (FER) and referring to prior arts, without properly analysing Enviro's case. “Regrettably, none of these issues even...
Delhi High Court Restrains Rogue Websites From Using Well-Known GATI Mark For Packers, Movers Services
The Delhi High Court has restrained 36 operators of rogue websites and an unidentified person from offering packing, shifting, and relocation services under marks incorporating the well-known “GATI” or deceptively similar variants. The court also directed domain registrars, including GoDaddy, to lock and suspend the domains listed in the order within 36 hours of receiving a copy of the order. Justice Jyoti Singh was hearing an application filed by Allcargo Logistics Limited seeking an ex-parte...
Single Judge Could Not Have Relaxed Injunction Upheld By Division Bench In Dabur-Emami Case: Delhi High Court
The Delhi High Court has held that a single judge cannot relax an interim injunction restraining Dabur India Limited from selling its “Cool King Thanda Tel” under a trade dress found deceptively similar to Emami Limited's product after a Division Bench has already upheld the injunction in appeal.A division bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora held that Dabur's subsequent application seeking permission to dispose of its existing stock could not have been...
Delhi High Court Restrains Scott Edil From Selling 'Nexporin', 'Zetum' Over Similarity With GSK Marks
The Delhi High Court on 5 August restrained Scott Edil Pharmacia Limited and its affiliate from manufacturing, selling or advertising pharmaceutical products under the marks “Nexporin” and “Zetum”, holding them deceptively similar to GlaxoSmithKline Pharmaceuticals Limited's registered trademarks “Neosporin” and “Ceftum”. Justice Jyoti Singh passed the order while hearing an application filed by GlaxoSmithKline Pharmaceuticals Limited (GSK) seeking an ex-parte ad-interim injunction against...
Delhi High Court Restrains Mohali Restaurant From Using 'GOLA' Marks After Franchise Termination
The Delhi High Court on 5 August restrained GM Foods and another, operators of a restaurant in Mohali, from using the trademarks "GOLA," "GOLA SIZZLERS" and "GOLA RESTAURANTS" following termination of their franchise arrangement with Gola Sizzlers Private Limited over royalty defaults and alleged sales suppression. Allowing the application, a Bench of Justice Jyoti Singh observed that "prima facie without any right, title or authority and amounts to infringement under Section 29(2)(c) of the...
Delhi High Court Seeks PAN Details Of Supreme Court, High Court Judges Amid Income Tax Allowances Dispute
The Delhi High Court on Monday directed the Private Secretaries of Supreme Court and High Court judges who have filed their income tax returns under the new tax regime to furnish their PAN Card details.The Court had also directed furnishing other details like assessment year, date of filing and Acknowledgment Number (of Return) to the Income Tax Department, to ensure that their returns are not processed pending adjudication of a plea concerning the tax treatment of judicial allowances.The bench...
Delhi High Court Issues Notice On YouTuber's Plea Challenging Meta's Copyright Strike Mechanism
The Delhi High Court on Tuesday issued notice on an application by stock market trading content creator Saurabh Maurya challenging the manner in which his account was suspended following copyright strikes. Even as Meta informed the court that Maurya's account had been restored and the strikes against it reversed, Justice Anup Jairam Bhambhani issued notice on his broader challenge to the manner in which intermediaries act on copyright strikes. Maurya approached the court after his account was...