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...

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...

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...