High Courts
Ex-Parte Order Appointing Commissioner To Conduct Search/Seizure In IPR Infringement Cases Is To Preserve Evidence, Necessary: Karnataka HC
The Karnataka High Court has said that in intellectual property rights cases, the ex-parte order of appointment of the Court Commissioner for search and seizure–an Anton Piller order, is to ensure that a surprise element remains intact in the absence of which the respondents can easily remove the infringing products when the commissioner visits the latter's premises.Anton Piller orders are court orders giving the right to search premises and seize evidence without prior warning in order to...
Bombay High Court Appoints Ex-SC Judge To Resolve ₹5000 Crore Trademark Dispute Between Lodha Brothers
The Bombay High Court on Friday appointed former Supreme Court judge Justice RV Raveendran to mediate the Rs 5,000 crore trademark dispute between real estate giants and brothers - Abhishek Lodha and Abhinandan Lodha.This comes after the Lodha brothers consented to mediation. Single-judge Justice Arif Doctor is seized with the trademark suit by Abhishek's firm - Macrotech Developers against his brother Abhinandan's company - House of Abhinandan Lodha. "Let the initial mediation commence between...
“Pe” Is Commonly Used Word In Payment Services Industry: Madras High Court Dismisses PhonePe's Trademark Infringement Suit
The Madras High Court recently dismissed a suit filed by PhonePe to declare its mark as a well known trademark and to grant permanent injunction against “BundlePe” and “LatePe”. Justice P Velmurugan observed that the term “Pe” was not a unique or distinct one as claimed by PhonePe and was commonly used word in the payment services industry. The court noted that the word, which was a transliteration of the Hindi word “Pay”, was widely used by other prominent companies such as Google Pay,...
Only Puffery, No Reference Made To Dabur's Product: Patanjali Defends Chyavanprash Ad Before Delhi HC In Dabur's Trademark Infringement Suit
Resisting Dabur India's fresh injunction application alleging disparaging of its products by Patanjali Ayurveda, the Ramdev Baba led Indian multinational conglomerate on Tuesday told the Delhi High Court that its ad is a mere 'puffery' claiming that Patanjali Chyavanprash is the best product in the market and that no reference has been made to Dabur."All this ad says is that I am better than everybody. There is no reference to plaintiff at all. There is no comparison of qualities of two...
'Bharat Gate' Mark Infringes 'India Gate' Mark, Phonetically Similar: Delhi High Court Rules In Favour Of KRBL Rice Company
The Delhi High Court has ruled in favour of KRBL Limited, a company known for its India Gate brand of basmati rice, in a trademark infringement case against “Bharat Gate” brand selling basmati rice.A division bench comprising of Justice C Hari Shankar and Justice Ajay Digpaul set aside a commercial court's order vacating the ad interim injunction granted in favour of India Gate, restraining Bharat Gare from using its trademark in respect of rice or any other associated or allied product.Allowing...
Delhi High Court Directs Social Media Platform To Take Down Clips Of Mirchi's Kareena Kapoor-Khan Talk Show In Copyright Infringement Claim
The Delhi High Court recently granted a temporary injunction in favour of the radio broadcaster, Entertainment Network, against alleged copyright infringement by the entertainment platform, Miss Malini Entertainment, in relation to the interview conducted by the platform for promotion of the talk show 'What Women Want'.Entertainment Network India Limited (plaintiff) produces and broadcasts audio and audio-visual content under brand names such as Mirchi and Mirchi Plus. It stated that it has sole...
Bombay High Court Restrains Entity From Infringing Everest's Tikhalal Trademark, Slaps ₹2 Lakh Fine For Fabricating Sales Invoice
The Bombay High Court has granted a temporary injunction in favour of the popular spice brand 'Everest', against the trademark infringement of its 'Tikhalal' chilli powder product by a business selling spices and similar goods.The plaintiff, Everest Food Products Private Limited said that it is engaged in the manufacture and sale of mirchi, spices and dry fruits and had secured the registration for the trademark 'TIKHALAL' in 2002. Everest Food stated that since 2002, it has continuously and...
Delhi High Court Grants Interim Relief To 'Upstox' Against Trademark, Copyright Infringement By Unknown Entities
The Delhi High Court has in an interim order restrained unknown entities from infringing on the 'UPSTOX' trademarks, work marks and copyrighted photographs–an online trading application owned by RKSV Securities India Pvt. Ltd which is an Indian broking firm providing stock trading opportunities.The plaintiff–RKSV Securities India Pvt. Ltd said that it along with its group companies owns and operates UPSTOX where investors carry out trading activity in the stock market and also investment and...
Delhi High Court Restrains Moti Mahal's Ex-Franchisee From Infringing The Chain's Trademark And Copyright
The Delhi High Court has issued a temporary injunction in favour of Moti Mahal Delux Management Services Pvt. Ltd., which owns and operates the popular Moti Mahal restaurant chains in India and various countries, against trademark and copyright infringement by its ex-franchisee engaged in similar business.Moti Mahal is the owner of the trademarks 'MOTI MAHAL', 'MOTI MAHAL GROUP', 'MOTI MAHAL MANAGEMENT SERVICES' and 'TANDOORI TRAIL'It entered into a Franchise Agreement with M/S. Srmj Business...
Bombay High Court Stays ₹4 Crore Penalty Imposed On Patanjali Ayurveda In Trademark Infringement Case
A division bench of the Bombay High Court has stayed the operation of a single judge's order against Patanjali Ayurved Ltd., which had ordered the company to pay an amount of Rs 4 crores for violating the Court's ad-interim order in relation to a trademark infringement case filed by Mangalam Organics Ltd.Patanjali filed an interim application challenging the single bench's order, which directed it to deposit Rs. 4 crore, in addition to Rs. 50 lakhs imposed by a previous order. Justices...
Delhi High Court Passes John Doe Order Against Extortion Threat Of Leaking Niva Bupa Insurance Company's Customer Data
The Delhi High Court has issued a temporary injunction in favour of Niva Bupa insurance company, restraining unknown defendants from publishing, distributing or disclosing its customers' personal data in a ransomware extortion threat that sought to leak the confidential data.The Court also directed social media intermediaries including Telegram to remove access to the unknown defendant's accounts and domain names, which are used to transmit the customers' confidential data.Niva Bupa Health...
Copyright Infringement: Bombay High Court Orders YouTuber 'Flying Beast' To Remove Videos Featuring Castrol's Zero-Gravity Flight Experience
In a copyright infringement suit filed by Castrol India Ltd., the Bombay High Court has issued a temporary injunction against Gaurav Taneja, the popular YouTube vlogger behind the 'Flying Beast' channel, restraining him from infringing Castrol's copyright related to its marketing campaign for a zero-gravity flight experience.The Court also ordered Taneja to remove two videos from his YouTube channels that featured the experience, as he did not credit Castrol or its campaign in the videos....