Delhi High Court Grants Relief To India Today Group Against Dissemination Of Its E-Magazines By Illegal Telegram Channels

The Delhi High Court has granted a permanent injunction in favour of India Today Group, against copyright and trademark infringement by several Telegram channels/accounts uploading e-magazines owned by the India Today Group.Justice Amit Bansal observed as the owners and licence holders of the original literary and artistic work (magazines), India Today Group is entitled to protection against unauthorized dissemination.Living Media India Limited (plaintiff no. 1), a proprietor of the publications...

Counterfeit Medical Products Threat To Public Health: Delhi HC Awards ₹3.34 Crore Damages To Johnson & Johnson Over Trademark Infringement

The Delhi High Court has issued a permanent injunction in favour of the American pharmaceutical company Johnson & Johnson, against trademark infringement and selling large quantities of counterfeit products by a party engaged in the sale of surgical devices using Johnson & Johnson's 'Surgicel', 'Ligaclip' and 'Ethicon' trademarks.Remarking that the counterfeit medical products posed a grave threat to public health, Justice Amit Bansal imposed a hefty cost of around Rs. 3.34 crore on the...

Delhi High Court Issues Permanent Injunction Against Trademark Infringement Of Ramada International, Awards ₹10 Lakh Damages

The Delhi High Court has granted a permanent injunction in favour of the American hotel chain Ramada International, against trademark infringement by a party using the 'Ramada' mark as its corporate name.Ramada International (plaintiff) submitted that it adopted the trademark RAMADA in 1954 for its hotel in Arizona, USA. It stated that it franchises and manages over 900 hotels across more than 60 countries including India.It submitted that the defendant no. 1/Clubramada Hotels And Resorts...

Trademark Infringement: Delhi High Court Directs Manufacturer Of Counterfeit Products To Pay ₹11 Lakh To Puma

The Delhi High Court recently granted a permanent injunction in favour of Puma, restraining a manufacturer of counterfeit products from selling products under Puma's trademarks and its logos.Observing that the manufacturer engaged in a blatant act of counterfeiting, Justice Mini Pushkarna directed the manufacturer of counterfeit products to pay Rs. 11 lakh in damages and costs to Puma. Puma submitted that it is one of the world's largest sports brands engaged in designing, developing and...

Delhi High Court Issues Permanent Injunction Against Trademark & Copyright Infringement Of Acquaguard's Spare Parts, Imposes ₹2 Lakh Costs

The Delhi High Court has granted permanent injunction in favour of Eureka Forbes Limited which owns 'Acquaguard', restraining a manufacturer of spare parts of water purification systems from infringing on its trademarks and copyrights.Eureka Forbes Limited (plaintiff) manufactures and sells water purifiers and its spares and consumables under the 'AQUAGUARD' and formative trademarks. Eureka stated that it adopted the trademark Aquaguard in 1982 with respect to water purification systems that...

Delhi HC Grants Permanent Injunction In Favour Of Rishikesh Based Chotiwala Restaurant Over Trademark Infringement, Awards ₹3 Lakh Damages

The Delhi High Court has recently granted a permanent injunction in favour of Rishikesh-based restaurant Chotiwala Food And Hotels Private Limited, restraining three Delhi-based restaurants from using Chotiwala's name, trademark and artistic work.Chotiwala Food And Hotels Pvt. Ltd. (plaintiff no. 1) was established in 1958 at Rishikesh, Uttarakhand and was previously named Chotiwala Shudh Ghee Bhojanalay and Chotiwala Bhojanalay. In 1995, the restaurant was renamed as 'Chotiwala' and it obtained...

Bombay High Court Restrains Entity From Using Trademark 'Deceptively Similar' To Hair Color Brand STREAX

The Bombay High Court on Wednesday (March 5) restrained an entity from using a trade mark which is 'deceptively similar' to hair colour brand - 'Streax.'Single-judge Justice Manish Pitale in his order, noted that the plaintiff - Hygienic Research Institute Private Limited owner of the trademark 'Streax' successfully brought on record the fact that it has been using this trademark since July 1, 2002 while the defendant company trademark 'Streak Street' was registered only in 2018."This Court is...

Delhi HC Issues Summons In Moti Mahal's Trademark Infringement Suit Against Restaurant In City's Diplomatic Area

Moti Mahal Delux Management Services Private Limited, which owns the popular Moti Mahal restaurant chains, has filed a trademark infringement suit in the Delhi High Court against a restaurant running by the name of “Moti Mahal Delux” in city's Malcha Marg area in Chanakyapuri. Justice Amit Bansal issued summons in Moti Mahal's suit and listed the matter for hearing on May 21. The Court also issued notice on the application seeking interim injunction filed by Moti Mahal Delux Management Services...

Delhi High Court Restrains Company Which Owns Mamagoto, Dhaba From Playing Phonographic Performance's Copyrighted Songs In Its Restaurants

The Delhi High Court has granted a temporary injunction in favour of Phonographic Performance Limited (PPL), restraining Azure Hospitality Private Limited which runs several restaurants, from playing PPL's copyrighted songs at the premises of its restaurants.Phonographic Performance Limited (plaintiff) is engaged in the business of issuing licences for public performance of sound recordings on the basis of the assignments granted to it by its various member record labels. PPL owns the public...

Delhi High Passes John Doe Order Restricting Domain Names From Infringing Burger King's Trademarks & Running Fake Franchise

The Delhi High Court has granted a temporary injunction in favour of the fast food chain, Burger King Corporation, and directed the suspension of domain names/websites infringing upon its 'BURGER KING' trademarks.Burger King Corporation (plaintiff) sought an injunction against unknown defendants for running fake franchise/dealership websites using its trademarks. It is alleged that the operators of the domain names are collecting money from innocent and gullible consumers and customers. Burger...

Deliberately Misled Consumers: Delhi HC Decrees Castrol Ltd's Trademark Infringement Suit Against Engine Oil Manufacturers, Awards ₹20 Lakh

The Delhi High Court recently granted permanent injunction in favour of the automobile lubricants manufacturer Castrol Limited, against trademark and trade dress/package infringement by businesses manufacturing, selling and advertising engine oils and lubricants.Justice Mini Pushkarna awarded Rs. 20 lakh of costs and damages to Castrol, decreeing the suit against engine oil manufacturers under the brand Kapil Auto Workshop and Makkvoll Lubricants."Upon a careful comparison of the trade dress of...

'Deliberate And Wilful Infringement' Of Trademark: Delhi HC Directs Amazon To Pay ₹339.25 Crore To Luxury Brand Beverly Hills Polo Club

In a significant ruling, the Delhi High Court has imposed hefty damages and costs totalling Rs. 339.25 crore on Amazon Technologies Inc for trademark infringement of the luxury lifestyle brand, Beverly Hills Polo Club.Remarking that Amazon's actions amounted to 'deliberate and wilful infringement', Justice Prathiba M. Singh observed that Amazon engaged “deliberate strategy of obfuscation, pretending to wear different hats—one as an intermediary, one as a retailer, and one as a brand owner - all...