Mere Status As Ultimate Beneficiary Does Not Warrant Impleadment Of Non-Signatory In Arbitration: Delhi HC

The Delhi High Court has reiterated that arbitration is founded on consent and party autonomy, holding that an entity cannot be impleaded in arbitral proceedings merely because it is the ultimate beneficiary of a project. The Court set aside orders that had added IIM Jammu as a party to arbitration-related proceedings arising from disputes between Ramacivil India Construction Pvt. Ltd. and the Central Public Works Department (CPWD) over construction of the permanent campus of IIM Jammu at Jagti,...

Delhi High Court Orders Takedown of Pornographic Content, AI Deepfakes Using Actor Naga Chaitanya's Persona

The Delhi High Court has directed multiple pornographic websites, Google LLC, IndiaMart and a merchandise seller to take down specified content and listings using Telugu actor Akkineni Naga Chaitanya's name, image and likeness. The court passed the directions after finding a prima facie case for granting interim protection in a personality rights suit filed by the actor. The defendants concerned have been directed to comply with the order within 24 hours of receiving it. Justice Jyoti Singh...

Delhi High Court Revokes Gujarat Pesticides' ZOOOK Copyright Registration Over Flawed Search Certificate

The Delhi High Court has recently revoked a copyright registration granted to Gujarat Pesticides for an artistic work titled "ZOOOK", after finding procedural flaws in the process that led to its grant. The court noted that the registration was founded on a Trade Marks Search Certificate that was contrary to the Trade Marks Register. It also found that the registered proprietor of the ZOOOK mark was not notified despite having an interest in the subject matter. Justice Jyoti Singh, in a...

IBC Resolution Plan Acceptance Is “Settlement” Under Section 16 Court Fees Act: Delhi High Court

On 1 June, the Delhi High Court held that acceptance of claims under a resolution plan in insolvency proceedings amounts to a “settlement” within the meaning of Section 16 of the Court Fees Act, 1870, thereby entitling a plaintiff to refund of court fee upon withdrawal of the suit. Justice Subramonium Prasad allowed Sainik Industries Pvt. Ltd. to withdraw its recovery suit against Indian Sugar Manufacturing Company Ltd. and directed refund of the entire court fee. He held: “However, the...

Delhi High Court Restrains Surat-Based Sellers From Using 'BOMBAY MUSK' Mark On Counterfeit Perfumes

The Delhi High Court on 7 May restrained sellers from manufacturing, marketing, advertising, or selling counterfeit perfumes and personal care products under the “BOMBAY MUSK” mark and deceptively similar variants, holding that such activities were likely to deceive consumers and damage the plaintiff's goodwill. Justice Tejas Karia granted an ex-parte ad-interim injunction in favour of BG Innovators LLP against Wellness Club and Krishiv Enterprise, both based in Surat, Gujarat, after finding...

Delhi High Court Restrains Unauthorized Use Of Varun Dhawan's Persona, Orders Takedown Of Deepfake Content

The Delhi High Court has recently restrained multiple entities from using actor Varun Dhawan's persona for commercial gain after finding a prima facie case that they were offering unauthorized bookings for his appearances, selling merchandise bearing his name and likeness, and publishing abusive, derogatory, and AI-generated content involving him. Justice Jyoti Singh passed the order on May 29 while hearing Dhawan's suit against 18 defendants, including artist-booking platforms, e-commerce...

Delhi High Court Rejects Oracle's Challenge To Award Refusing Transfer Of 'Exadata.in' Domain

The Delhi High Court has refused to interfere with an arbitral award rejecting Oracle International Corporation's bid to secure the transfer of the domain name “www.exadata.in”. The court held that the arbitrator had arrived at a plausible factual conclusion that the threshold necessary for establishing bad-faith registration or use under the .IN Domain Name Dispute Resolution Policy (INDRP) had not been met. Justice Harish Vaidyanathan Shankar held that similarity between Oracle's registered...

Delhi High Court Restrains Ex-Franchisee From Using 'Moti Mahal' Marks After Termination Of Agreement

The Delhi High Court on 14 May granted an ex-parte ad-interim injunction restraining Zikra Hotels and Restaurants LLP, a former franchisee of the Moti Mahal restaurant chain from running, advertising, or marketing its restaurant under the 'Moti Mahal' marks after it terminated the franchise agreement for non-payment of fees. Justice Tushar Rao Gedela held: “The defendant, M/s Zikra Hotels and Restaurants LLP, had continued using the mark 'Moti Mahal Delux Tandoori Trail' despite its franchise...

Delhi High Court Protects 'Safex' Trademark, Bars Deceptively Similar Use By Seed Company

The Delhi High Court on 26 May granted an ex-parte ad-interim injunction in favour of Safex Chemicals India Limited and restrained Safex Seed India LLP from using the mark “Safex” or any deceptively similar variant in relation to agricultural products. A Bench of Justice Tushar Rao Gedela held that “Safex Seed” lacked distinctiveness and remained descriptive, and therefore failed to distinguish the defendant's mark from the plaintiff's registered trademark. He held: “From a simple and plain...

Informant Has No Right To Hearing At CCI Screening Stage, Must Approach NCLAT: Delhi High Court

The Delhi High Court on 14 May held that the Competition Commission of India (CCI) is not required to issue notice or grant a hearing to an informant at the prima facie screening stage under Section 26(2) of the Competition Act, 2002, and that the appropriate remedy against such closure lies in a statutory appeal before the National Company Law Appellate Tribunal (NCLAT). Justice Purushaindra Kumar Kaurav dismissed the writ petition filed by KSD Zonne Energie LLP and upheld the CCI's closure of...

Delhi High Court Restrains Breakaway Karan Satsang Group From Portraying HDH Bapji As Its Founder

The Delhi High Court has restrained a breakaway organisation formed by former members of Shree Swaminarayan Sarvopari Siddhant Digvijay Trust from using the trademark "Karan Satsang" and portraying the Trust's founder, His Divine Holiness Devnandandasji Swami (HDH Bapji), as its own founder. Justice Tushar Rao Gedela passed the ex-parte ad-interim order on May 26 in a suit filed by the Trust against Sukhmay Karan Satsang Foundation and its office-bearers. The Trust stated that former trustees...

Delhi High Court Temporarily Restrains Use Of 'Elitecourt' Mark In Passing Off Dispute With Glossy Color

The Delhi High Court has restrained a firm operating under the mark 'Elitecourt' from manufacturing, selling, or advertising products under that brand, holding that Glossy Color and Paints Pvt. Ltd. had made out a prima facie case of passing off. Justice Tushar Rao Gedela declined to grant relief on the allegation of trademark infringement, noting that 'Elitecourt' is itself a registered trademark. The plaintiffs have already moved the High Court seeking cancellation of that registration. The...