Delhi High Court Permanently Restrains Domain Names/Websites From Infringing Tata Group's 'CROMA' Trademark

The Delhi High Court recently issued a permanent injunction in favour of the Tata Group's subsidiary Infiniti Retail Limited, the owner of 'CROMA' trademark, against trademark infringement by domain names/websites using the said mark.The electronic goods retail chain Infiniti Retail Ltd (plaintiff) stated that it is a wholly owned subsidiary of Tata Sons Pvt Ltd and part of the Tata Group and was incorporated in 2005. It stated that it offers a wide range of products at its stores, including...

Delhi High Court Passes John Doe Order Against Rogue Websites Infringing Online Gaming Company Baazi Group's Trademark

The Delhi High Court recently issued a temporary injunction against 'rogue websites' from accessing and using the domain names infringing the trademark of Moonshine Technology Private Limited, the parent company of Baazi Group of Companies providing online gaming products and services.The rogue websites are operating under different names including baaziadda, baazi247, baazi365 and lotusbaazi. Moonshine Technology Pvt Ltd (plaintiff) stated that the Baazi group has registered various trademarks...

Detention Of Accused For More Than 6 Years As 'Undertrial' Is Infringement Of Right To Speedy Trial: Orissa High Court

The Orissa High Court has held that detention of an accused as an undertrial for more than six years can be considered as violation of right to speedy trial as guaranteed under Article 21 of the Constitution. While granting bail to a person accused of duping gullible investors of crores of rupees, the Single Bench of Justice Gourishankar Satapathy observed – “True it is that what extent of time would be considered as an infringement of right to speedy trial has not been defined...

Delhi HC Restrains Rogue Websites From Infringing Trademark Of Reliance's 'YOUSTA' Fashion Brand, Orders Blocking Of Social Media Accounts

The Delhi High Court has granted an ex-parte ad-interim injunction in favour of Reliance Retail Ltd, restraining several rogue websites and social media accounts from infringing the trademark of its 'Yousta' fashion brand.Justice Mini Pushkarna was considering Reliance Retail Ltd's (plaintiff) suit which alleged that the rogue defendants have established fake social media profiles including Facebook, LinkedIn, YouTube, WhatsApp accounts as well as fake email domains, which use its trademarks,...

Delhi High Court Temporarily Restrains Instagram Handles From Infringing House Of Masaba's Trademarks

The Delhi High Court has issued a temporary injunction in favour of fashion designer Masaba Gupta's brand House Of Masaba Lifestyle Private Limited, against trademark infringement of its 'Masaba' and 'House of Masaba' marks by certain Instagram pages/handles.The plaintiff–House Of Masaba Lifestyle Pvt Ltd., had submitted that the Instagram pages of the defendants were using its registered trademarks. The defendant's websites include 'masabacoutureofficial.co' and 'masabacouture.in'.Justice Amit...

Delhi High Court Injuncts Imposter Domain Names From Infringing Trademark Of Tata Power Solar Systems Ltd

The Delhi High Court has issued a permanent injunction in favour of Tata Power Solar Systems Limited, restraining several registrants of domain names from using the domain names and email addresses infringing upon the trademark of the company.Tata Power Solar Systems Limited (plaintiff) filed suit for a permanent injunction against domain names including tatapowersolardealership.co.in, tatapowersolars.com, tatapowersolars.org and tatapowersolarroof.com for using its trademark and duping...

Delhi High Court Stays Injunction Against Samman Capital In Trademark Case By Svamaan Financial Services

The Delhi High Court has stayed the operation of a single bench's order that temporarily restrained Sammaan Capital Limited from using 'SAMMAAN' mark in a trademark infringement plea moved by Svamaan Financial Services Private Limited, a non-banking finance company (NBFC) providing microfinance loans. A division bench of Justice C. Hari Shankar and Justice Ajay Digpaul observed “In view of the fact that the appellants are, in all their promotional material, adding the caption “Formerly...

'Deceptively Similar': Delhi HC Orders Cancellation Of 'Javatpoint' Trademark In Oracle America's Plea Challenging Infringement Of Its 'JAVA' Mark

The Delhi High Court ordered the cancellation of the trademark registration of 'javapoint' in a plea filed by the American software company, Oracle America Inc, which owns the rights over Java software.Justice Amit Bansal in his order said, "As may be seen from the side-by-side comparison of the marks set out in the table above, the impugned mark subsumes the petitioner's mark JAVA in its entirely and is almost identical with its mark JAVASCRIPT. The minor difference/ addition in the impugned...

Delhi High Court Permanently Restrains Rogue Apps & Websites From Illegally Streaming Star India's Content

The Delhi High Court has granted a permanent injunction in favour of Star India Pvt. Ltd against copyright infringement of its content by rogue apps and websites such as Ninja TV, RTS TV, Kyte TV, Picaso TV, Stream India and Hotstar Mod App.Star India, an entertainment and media company, broadcasts popular content on its STAR channels in various languages. It owns and operates websites and apps including 'Disney+Hotstar'. Star India sought to restrain the defendants from illegally and...

Delhi High Court Directs Blocking Access Of IPTV Websites Infringing Star India's Content

The Delhi High Court has issued a temporary injunction in favour of the entertainment and media company, Star India Pvt. Ltd, against infringement of its copyrights and broadcast reproduction rights by IPTV streaming applications.Star India Pvt. Ltd broadcasts popular content on its STAR channels including live sports content, trailers of upcoming films and television serials. It owns and operates audio-visual streaming platforms and websites including 'Disney+Hotstar' and JioCinema.Star sought...

Both Denote Respect: Delhi HC Restrains Infringement Of NBFC's 'SVAMAAN' Trademark By Identical Business Using 'SAMMAAN' Name

The Delhi High Court has granted a temporary injunction in favour of Svamaan Financial Services Private Limited, a non-banking finance company (NBFC) providing microfinance loans, against trademark infringement by other businesses providing identical services using the 'SAMMAAN' formative name in their corporate logo.Justice Amit Bansal observed that the impugned 'SAMMAAN' marks were identically similar to Svamaan Financial Services (plaintiff) 'SVAMAAN' trademark and thus a prima facie case of...

Court Has Jurisdiction In Trademark Suits If Goods Marketed Online Can Be Accessed In Their Jurisdiction: Delhi High Court

The Delhi High Court has observed in a case of trademark infringement, even if a party is not physically selling impugned goods in a specific territory, but is offering them for sale through a website accessible in that territory, the Court where the goods are sold online would have jurisdiction to try the matter. Justice Mini Pushkarna observed, “Thus, when the website marketing the goods of the defendants is accessible from Delhi, though the said website may have stopped its operation...