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...

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...