‘Whitehat SR’ Deceptively Similar To ‘WhiteHat Jr’ Mark, Can’t Be Permitted To Be Used In Physical Or Online Platforms: Delhi High Court

The Delhi High Court has permanently restrained an individual from using ‘Whitehat SR’ mark, logos or any name which is either identical or deceptively similar variant of the mark “WhiteHat Jr” which is registered in favour of an online coding tutoring platform for children. “The mark ‘WHITEHAT JR’ is a registered trademark which has acquired enormous reputation owing to the extensive use which has been done over a short period of time. The impugned mark of the Defendant is ‘WHITEHAT SR’, which...

Registered Trademark Owner Can't Seek Prohibitory Injunction If Opposite Party's Mark Is Also Registered, May Sue For Passing Off: Kerala High Court

The Kerala High Court recently set aside a District Court order restraining M/S Mariyas Soaps and Chemicals from using their registered trademark ‘Chandra’ for being prima facie similar to Wipro's soap range ‘Chandrika’.The Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar observed it is settled law that an owner of a registered trademark cannot sue for infringement of his registered trademark if the opposite party also has the trade mark which is...

Trademark Infringement: Delhi High Court Restrains Two Websites From Selling Testers Of Calvin Klein Perfumes

The Delhi High Court has permanently restrained two websites from selling perfume 'testers' bearing the trade name Calvin Klein or cK and imposed a cost of Rs 1,00,000 on them to be paid to Coty Germany, which has global authorised licensees of Calvin Klein perfumes.Justice C. Hari Shankar passed the ex parte order in a suit for infringement and passing off filed by Coty Germany against Xeryus Retail Private Limited, that owns the web entity namely www.perfumery.co.in, and website...

Delhi High Court Restrains Wipro From Using ‘EVECARE’ For Its Female Hygiene & Menstrual Health Products In Plea Filed By Himalaya

The Delhi High Court has restrained Wipro Enterprises from using the mark ‘EVECARE’ in relation to its intimate hygiene wash for women or any other product, in a trade mark infringement and passing off suit filed by Himalaya Wellness Company.The bench of Justice Amit Bansal passed the interim order after noting that Himalaya has been selling its uterine tonic under the mark ‘EVECARE’ since 1998, whereas the product of Wipro was launched only around August, 2021.Observing that Himalaya has been...

Delhi High Court Permanently Injuncts ‘Satta Dream 11’ In Trademark Infringement Suit By ‘Dream 11’

Ruling in favour of fantasy sports platform Dream 11, the Delhi High Court has granted permanent injunction against a website offering similar sports betting services under the mark “Satta Dream 11.”Justice Prathiba M Singh observed that the domain name www.sattadream11.com is nothing but a “malafide attempt” to ride on the goodwill of Sporta Technologies’ registered trademark Dream11. “The said mark is completely arbitrary and thus very distinctive. The said marks, ‘Dream11’ and ‘sattadream 11’...

Provide Details Of Grievance Officers And Rules Applicable To People Creating User Profiles: Delhi High Court To LinkedIn In Suit By Tata Sky

The Delhi High Court has directed social media platform LinkedIn to provide details of its Grievance Officers and the relevant Rules applicable to persons creating user profiles as per its policy. Justice Prathiba M Singh also directed Linkedin to place on record the Standard Operating Procedure (SoP), if any, followed by its Grievance Officers whenever a complaint or grievance is received under Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The court...

No Likelihood Of Confusion Between News 18’s ‘Bhaiyaji Kahin’ And Times Now Navbharat’s ‘Bhaiya Ji Superhit’: Delhi High Court

The Delhi High Court on Tuesday observed that prima facie, there is no likelihood of confusion between News 18’s “Bhaiyaji Kahin” and Times Now Navbharat’s “Bhaiya Ji Superhit” television shows. Justice Amit Bansal dismissed the interim injunction application moved by TV 18 Broadcast Limited, which is part of the Network18 group, in its suit against Bennett Coleman and Company Limited alleging infringement of its trademark “Bhaiyaji Kahin” which is the name of its Hindi news show. News 18 told...

Breaking: Karnataka High Court Refuses To Quash FIR Against Rahul Gandhi, Jairam Ramesh & Supriya Shrinate For KGF Song Copyright Infringement

The Karnataka High Court today refused to quash the FIR registered by music company MRT Music against Congress leaders Rahul Gandhi, Jairam Ramesh and Supriya Shrinate over the alleged copyright infringement by the use of song from the Kannada movie "KGF Chapter 2" in the promotional video for the "Bharat Jodo Yatra".A single bench of Justice M Nagaprasanna observed,"Petitioner appeared to have tampered with source code, which would amount to infringement. Copyright of complainant is taken for...

Trademark Infringement: Patna High Court Asks District Court To Expedite Trial In Suit Filed By Hero Cycle Against Hero Ecotech In 2014

The Patna High Court has dismissed Punjab-based Hero Cycle Limited's petition against a Patna Court's decision to recall its order of debarring the defendants from filing written statement in a 2014 trademark infringement suit.Justice Sunil Dutta Mishra noted that the Supreme Court, while restoring injunction granted in favour of Hero Cycle in 2016, had requested the trial court to expedite the trial and complete the same as early as possible."In view of the aforesaid facts and circumstances,...

KGF Song Copyright Infringement: Karnataka High Court Extends Till June 23 Stay On FIR Against Rahul Gandhi, Jairam Ramesh & Supriya Shrinate

The Karnataka High Court on Friday extended till June 23, the interim relief of stay granted earlier to Congress leaders Rahul Gandhi, Jairam Ramesh and Supriya Shrinate in the FIR registered by music company MRT Music over the alleged copyright infringement by the use of song from the Kannada movie "KGF Chapter 2" in the promotional video for the "Bharat Jodo Yatra".A single judge bench of Justice M Nagaprasanna adjourned the hearing on the petition filed by Gandhi and others on the request...

Calcutta High Court Dismisses PIL Against Softwares Like 'Pegasus' Allegedly Used For Privacy Infringement

The Calcutta High Court has dismissed a PIL calling upon it to decide the issue of individual’s right to privacy allegedly being violated by spyware such as Pegasus, said to be installed on people’s personal electronic devices without their knowledge.A bench of Chief Justice T.S. Sivagnaman and Justice Hiranmay Bhattacharya opined that such blanket directions against the use of modern technology for allegedly being violative of the fundamental right to privacy of individuals could not be passed....

Registration Of Design Already In Public Domain Prima Facie Liable For Cancellation: Bombay HC Denies Interim Relief To Ceiling Fan Manufacturer

Observing that its design registration itself may be liable to be cancelled, the Bombay High Court on Monday refused to grant interim relief to Atomberg Technologies Pvt. Ltd. against Luker Electric Technologies Pvt. Ltd. for allegedly copying the design of one of its ceiling fans.Justice Manish Pitale held that Atomberg failed to make a prima facie case for design infringement of its Renesa Ceiling Fan as the design was available in public domain before registration and thus may be cancelled...