Delhi High Court Issues Notice On Google's Appeal Against Order Restraining Use Of 'Hindware' As Ad Keyword

The Delhi High Court on Friday issued notice on Google's appeal against a single judge's order that restrained it from allowing "Hindware" to be used as a keyword trigger for rival advertisements on its search platform, and that awarded ₹30 lakh in damages against the company.A Division Bench of Justice V Kameswar Rao and Justice Manmeet Pritam Singh Arora heard Google's plea while issuing notice, and directed that the appeal be treated as the lead matter in a batch of connected pleas.The appeal...

Delhi High Court Dismisses boAt's Second Bid to Restrain 'BOULT' Wordmark

The Delhi High Court has dismissed boAt owner Imagine Marketing Pvt. Ltd.'s second interim injunction application in its pending trademark suit against Exotic Mile, holding that the company was effectively seeking the same relief on the same facts that had not been granted earlier. Justice Jyoti Singh observed that the earlier order was unambiguous in limiting the injunction to certain device marks. Since boAt had not sought any clarification or modification or appealed that part of the...

NSE Chief Performs Public Duty; Delhi High Court Rejects Former CEO Chitra Ramkrishna's Challenge To PC Act

The Delhi High Court on Thursday held that the Managing Director and Chief Executive Officer of the National Stock Exchange performs a public duty in which the public at large is invested. It dismissed former NSE chief Chitra Ramkrishna's challenge to the constitutional validity of provisions of the Prevention of Corruption Act, the sanction granted for her prosecution, and the criminal proceedings arising out of the NSE co-location case. A division bench of Justice Navin Chawla and Justice...

Calcutta High Court Upholds ₹2.05 Crore Arbitral Award Against SAIL Over Wrongful Iron Ore Contract Termination

The Calcutta High Court has upheld an arbitral award directing Steel Authority of India Limited (IISCO Steel Plant) to pay more than ₹2.05 crore to Balaji Industrial Products Limited. The court found no ground to interfere with the arbitrator's conclusion that SAIL had wrongfully terminated a contract for the supply of 60,000 metric tonnes of iron ore. A division bench of Justices Debangsu Basak and Md. Shabbar Rashidi held that the arbitrator's findings represented a plausible view of the...

GST Order Need Not Elaborately Deal With Every Submission In Taxpayer's Reply: Delhi High Court

The Delhi High Court has held that merely because a GST adjudicating authority does not elaborately deal with every submission made by an assessee in reply to a show cause notice (SCN), the same cannot lead to a conclusion that the representation was not considered.A division bench of Justices Anil Kshetrapal and Shail Jain observed that while Section 74(9) of the Central Goods and Services Tax Act, 2017 obligates the proper officer to consider the noticee's representation before determining...

Delhi High Court Questions Invoking Personality Rights Over Investment Scammers Using AMC CEO's Photo

The Delhi High Court on Thursday questioned whether the alleged misuse of an Asset Management Company's CEO's photograph in an investment scam could be pursued as a personality rights claim, observing during the hearing that the allegations appeared to concern impersonation. Justice Jyoti Singh made the observation while hearing a suit filed by Aditya Birla Sun Life AMC Limited against unidentified persons allegedly operating fraudulent WhatsApp investment groups. Counsel for the company...

Delhi High Court Restrains Hind Enterprises From Using 'EASTHRON' Mark For Similarity With 'EASTMAN'

The Delhi High Court on 3 July restrained Hind Enterprises, a Haridwar based battery seller, from using the trademark “EASTHRON,” holding that the mark was prima facie deceptively similar to Eastman Auto and Power Limited's registered “EASTMAN” trademark and trade dress. Justice Anup Jairam Bhambhani observed that the plaintiff had “made-out a prima facie case in its favour and against the defendants” and that the balance of convenience also favoured the plaintiff, as “irreparable harm and...

Delhi High Court To Order Takedown Of Content Misusing Cricketer Abhishek Sharma's Personality Rights

The Delhi High Court on Thursday indicated that it will pass interim orders in the personality rights suit filed by cricketer Abhishek Sharma, directing takedown of infringing content found to be misusing his persona.Justice Jyoti Singh was hearing the matter today in which the cricketer had earlier filed an application seeking the removal of unauthorised posts and listings across social media and e-commerce platforms that use the cricketer's name, image, and persona for commercial purposes.At...

Fresh Copy Of Arbitral Award Cannot Restart Limitation To Challenge Award: Delhi High Court

The Delhi High Court has dismissed two petitions filed by the Union of India challenging an arbitral award. It held that a party cannot allow the statutory period for challenging an award to expire and later attempt to restart the limitation by obtaining another copy of the award. Justice Harish Vaidyanathan Shankar delivered the judgment. The court observed, "A party, despite having knowledge of an Award and despite its authorised representative having received the signed copy, could...

Delhi High Court Orders Crocs To Pay ₹24.63 Lakh Costs To Bata After Design Registration Was Cancelled

The Delhi High Court on Wednesday directed Crocs Inc. USA to pay ₹24.63 lakh in litigation costs to Bata India Ltd. after a design infringement suit filed by the footwear company was rendered unsustainable following the cancellation of its registered design for lack of novelty. Justice Prathiba M. Singh noted that courts had repeatedly held that Crocs' registered design was not novel and, applying the principles governing costs in commercial litigation, directed the company to reimburse Bata's...

WhatsApp Acknowledgment Of Arbitral Award Shows Acceptance, Bars Delayed Challenge: Delhi High Court

The Delhi High Court has dismissed a challenge to an interim arbitral award after finding that the party seeking to set it aside had acknowledged receiving it on WhatsApp, participated in discussions on its implementation, and acted upon it before questioning the award only after execution proceedings were initiated. The court held that the challenge to the interim arbitral award, raised more than two years after the petitioner admittedly acquired knowledge of it was barred by...

Karam Industrial Works Gives Up 'K.I.W.' Trademark, Delhi HC Records Settlement In K.W. Mark Dispute

The Delhi High Court has recorded a settlement between K.W. Enterprises and Karam Industrial Works under which Karam Industrial Works agreed to give up the "K.I.W." trademark and label used for goods covered under trademark Class 12, which includes vehicles and related goods. It also agreed to surrender its copyright registration over the artistic work in the label and consented to its cancellation. In return, K.W. Enterprises gave up its claims for damages, costs, and delivery of infringing...