Delhi High Court Issues 'Real Time' Injunction Restraining Entities From Misusing Reliance's Tira Trademark To Commit Financial Scams

The Delhi High Court has issued interim directions restraining infringement of Reliance Retail's Tira trademark in the beauty and personal care sector and its misuse to commit financial scams.Noting that the defendant had been employing numerous rogue mobile numbers to hide the true identity of the entity(s) involved, Justice Saurabh Banerjee granted real time relief to the plaintiff against any rogue mobile numbers that may be discovered by it subsequently.“The facts disclose that the acts of...

'Triple Identity Test Satisfied': Delhi High Court Restrains Infringement Of Johnson & Johnson's ORSL Trademark, Awards ₹1.2 Cr Damages

The Delhi High Court today (July 15) awarded Rs. 1,21,56,864 cumulative damages to pharmaceutical multinational Johnson & Johnson over infringement of its ORSL trademark.ORS-L (later changed to ORSL) is a range of flavoured electrolyte drinks first introduced by Jagdale Industries Limited in 2003.Johnson & Johnson acquired the brand and its formative marks back in November 2014.The company had approached the High Court on the ground that the defendant's ERSI mark is deceptively similar...

Delhi High Court Provides Interim Relief To Jio & Reliance, Orders E-Commerce Platforms To Delist Counterfeit FMCG Goods

The Delhi High Court has ordered e-commerce platforms like Amazon and Flipkart to temporarily delist pages of as many as 21 sellers offering counterfeit products in the FMCG sector by misusing Reliance and Jio trademarks.Stating that the dispute involves edible products and misuse of brand name may risk consumer safety, Justice Saurabh Banerjee held that a “a more cautious and stringent approach” has to be adopted in the case.“Since the present dispute involves edible product i.e., poha, which...

Delhi High Court Awards ₹8 Lakh In Favour Of Puma In Trademark Infringement Suit Against Counterfeit Products

The Delhi High Court has awarded Rs. 8 lakh in favour of footwear brand Puma in its trademark infringement suit against an individual manufacturing counterfeit products. Justice Saurabh Banerjee said that Puma's trademarks are well-known and that due to its long usage and association coupled with recognition, Puma and its trademarks call for a higher degree of protection, more so, when it was susceptible to acts of piracy or counterfeiting.Noting that the defendant was proceeded ex parte...

Himachal Pradesh High Court Restrains Sale Of "Old Mist" Coffee-Flavoured Rum In Trademark Infringement Suit By "Old Monk" Brand Owners

The Himachal Pradesh High Court has granted an ex parte ad interim injunction in favour of Mohan Meakin Limited, the owner of Old Monk/Old Monk Coffee. The Court restrained Eston Roman Brewery & Distillery Pvt. Ltd from selling its coffee-flavoured rum under the mark “OLD MIST ”, till further orders, finding that the product was substantially similar to the plaintiff's registered trademark.Justice Ajay Mohan Goel held: “Prima facie it appears that there is an infringement of the trade...

Delhi's Swagath Restaurant Moves High Court Against Telangana-Based Hotel Chain Alleging Trademark Infringement

Delhi's popular restaurant chain has moved the Delhi High Court against a Telangana-based hotel group alleging trademark infringement over the use of the name 'Swagath'.Justice Amit Bansal issued notices on both the restaurant's suit and interim injunction application, as well as the Rectification Petition seeking cancellation of the hotel group's trademark.M/s Swagath runs hotels on a franchise basis in New Delhi and adjoining areas. M/s. Hotel Swagath claims to be operating since 1991 across...

Delhi High Court Passes John Doe Order In Favour Of Birkenstock, Orders Local Commissioners To Inspect Infringers' Premises

While passing a john doe order in favour of footwear brand Birkenstock, the Delhi High Court has ordered inspection by local commissioners on the premises of infringer entities. Justice Saurabh Banerjee restrained the defendants or distributors or sellers or importers or exporters or franchises from selling or marketing or dealing in the products bearing “Birkenstock” trademark or its trade dress. The Court passed the order in an interim injunction application moved by Birkenstock in its...

'Family Of Marks' Concept Not Expressly Recognised Under Trademarks Act, But Can Be Applied To Injunct Specific Marks: Delhi High Court

The Delhi High Court has held that though the Trade Marks Act 1999 does not expressly recognise the concept of a 'family of marks' however, the same is judicially developed and can be invoked by a registered trademark owner to seek injunction against specific marks.A division bench of Justices C. Hari Shankar and Ajay Digpaul ruled,“When an entity is the proprietor of a number of registered trademarks containing a common prefix or suffix, or a common first or second word, any other mark by a...

Can't Reject Claim Of Infringement Merely Because Defendant Could Seek Removal Of Plaintiff's Trademark Due To 'Non-Use': Delhi High Court

The Delhi High Court has made it clear that a registered trademark owner's claim against infringement cannot be rejected merely on the ground that the defendant could have sought removal of the mark from the trademark's register under Section 47 of the Trademarks Act, 1999 on grounds of 'non-use'.Section 47 deals with the right of one person to apply to the Registrar of Trade Marks to have the trademark of another person taken off the register citing continuous non-use for 5 years, up to a...

Dealer Importing & Selling Trademarked Goods Cannot Sue Authorised Distributor For Infringement: Delhi High Court

The Delhi High Court has made it clear that when a trader imports and sells goods bearing the trademark of another company, such trader cannot sue another authorized dealer of the trademark holder for infringement.Justice Amit Bansal observed, “Any person in India has the right to legally import goods from abroad bearing the trademarks of an entity and sell the same in India. Such sale of original goods by an authorized reseller/importer would not amount to trademark infringement.”In the case at...

Delhi High Court Stays Ruling Asking Amazon To Pay ₹339.25 Crore To 'Beverly Hills Polo Club' Over Trademark Infringement

The Delhi High Court on Tuesday stayed a single judge ruling asking Amazon Technologies Inc to pay Rs. 339.25 crore damages and costs for trademark infringement of the luxury lifestyle brand, Beverly Hills Polo Club.A division bench comprising Justice C Hari Shankar and Justice Ajay Digpaul pronounced the order today on Amazon's plea for stay on the ruling. “The considerations outlined herein above make out, in our considered opinion, an exceptional case, in which it would be...

Delhi High Court Rules In Favour Of Gameskraft; Restrains Rogue Websites From Using 'Rummy Culture', 'Ludo Select' Marks

Ruling in favour of Gameskraft Technologies, the Delhi High Court has restrained various rogue websites, mobile applications and domain entities from using the registered trademarks “Playship”, “Plego”, “Ludo Select”, “Pocket 52”, “Rummy”, “Rummy Culture”, “Gameskraft” and “Culture of Champions.”Justice Amit Bansal further restrained the defendant entities from infringing on the copyright vested with Gameskraft in the unique content of its websites- www.rummyculture.com, www.gamezy.com,...