Delhi High Court Imposes Over ₹9.5 Lakh Cost On Three Manufacturers For ‘Blatantly’ Infringing Louis Vuitton Trademarks

The Delhi High Court has imposed costs of over Rs. 9.5 lakhs on three individuals for blatantly infringing the trademarks of Louis Vuitton and failing to appear before the court in the trademark infringement suit filed by the French luxury company.Justice Amit Bansal said that this is a fit case for award of actual costs to Louis Vuitton and awarded Rs.9,59,413 as costs to be paid by the individuals.“Costs of Rs.3,00,000/- shall be paid by the defendants no. 1 and 2 and costs of...

Lulu Mall v. Coolulu Sports Trademark Dispute: Karnataka High Court Directs Centre To Pass Reasoned Orders U/S 16 Companies Act

The Karnataka High Court has directed the Regional Director, Ministry of Corporate Affairs to consider afresh whether the word “lulu” in the title of Coolulu Sports Private Limited company is identical to Lulu International Shopping Malls Private Limited a well known trademark. A single judge bench of Justice M Nagaprasanna allowed the petition filed by Coolulu Sports Private Limited and set aside the order passed by Regional Director, Ministry of Corporate Affairs, date 30-03-2022,...

Delhi High Court Permanently Restrains Rajasthan-Based Restaurant From Using 'Sadda Pind' Mark, Asks It To Pay ₹2 Lakh Costs To NGO

The Delhi High Court has permanently restrained a Rajasthan-based restaurant from using the mark “Sadda Pind”, which is registered in favour of a famous tourist place in Punjab.Justice C Hari Shankar decreed the suit filed by JDM Heritage Lawns Heritage Private Limited after the defendant, Ankit Chawla, undertook not to use “SADDA PIND” mark for his restaurant. It was the case of the plaintiff entity that it is the owner of registered trademark “Sadda Pind.” The suit sought to restrain Ankit...

Karnataka Court Restrains Shimogga Based Restaurant From Infringing Trademark Of Bengaluru's Famous Vidyarthi Bhavan

A civil court in Bengaluru has passed a permanent injunction order and restrained a restaurant in Shimogga from infringing and using the registered trademark Vidyarthi Bhavan, which is a famous restaurant in Bengaluru. Additional City Civil Judge Padma Prasad passed the order and partly allowed the suit filed by M/s Vidyarthi Bhavan, through its partner S.Arun Kumar Adiga. It was said that plaintiff is a registered partnership firm carrying on business in running Vegetarian Restaurant since the...

Bombay High Court Refuses Interim Relief To PhonePe In Trademark Infringement Suit, Says Contradictory Stands Taken On Meaning Of ‘Pe’

The Bombay High Court refused to grant interim relief to PhonePe for alleged infringement of its trademark “PhonePe” by Resilient Innovations’ trademark “postpe”. Justice Manish Pitale cited contradictions between PhonePe’s stand taken before the Delhi High Court and the Bombay High Court regarding the meaning of the term “Pe”. “It appears that the endeavour of the plaintiff is to claim that, 'pe' may connote 'payment' but, in its registered trademark, it refers to the colloquial...

Bombay High Court Refuses Interim Relief To PhonePe In Trademark Infringement Suit, Says Contradictory Stands Taken On Meaning Of ‘Pe’

The Bombay High Court refused to grant interim relief to PhonePe for alleged infringement of its trademark “PhonePe” by Resilient Innovations’ trademark “postpe”.Justice Manish Pitale cited contradictions between PhonePe’s stand taken before the Delhi High Court and the Bombay High Court regarding the meaning of the term “Pe”.“It appears that the endeavour of the plaintiff is to claim that, 'pe' may connote 'payment' but, in its registered trademark, it refers to the colloquial Hindi term 'on',...

Standard Essential Patent Owners Can Pray For Interim And Final Injunctive Relief If Infringer Deemed To Be An ‘Unwilling Licensee’: Delhi High Court

Foreign Jurisprudence On ‘Standard Essential Patent’ Has To Be Adapted In Indian Realities As India’s Judge Population Ratio Extremely Poor And Expeditious Disposal Of Patent Suits Not Expected: Delhi HC

YouTuber Dhruv Rathee To Remove 'Targeted' References To 'Real Fruit Juice' From His Video: Calcutta High Court Grants Interim Relief To Dabur

Dhruv Rathee's recent video analyzing the health effects of fruit juices has landed the YouTuber in a legal battle with Dabur, which claims that he specifically disparaged their packaged fruit products 'Real' juice.The Calcutta High Court on Wednesday granted interim relief to the company and directed Rathee to remove the offending portions from the video. Justice Ravi Krishan Kapur observed:“Prima facie, at the ad interim stage even though the underlying intent of the impugned video may...

When Defendant's Trademark Is Identical To Plaintiff's Registered Trademark & Their Goods Or Services Are Identical, Confusion In Public Shall Be Presumed : Supreme Court

"In an infringement action, an injunction would be issued as soon as it is proved that the defendant is improperly using the trade mark of the plaintiff".

Infringement of Copyright/Trade Mark : When cause of action arises at a place where plaintiff carries on business, suit cannot be filed at other places where plaintiff is having branch offices ; SC

Resolving the legal nodus arising out of the interpretation of Section 62 of the Copyright Act and Section 134 of the Trade Marks Act and answering the issue whether the restriction imposed by the Explanation to Section 20 of the Code of Civil Procedure dealing with cause of action in respect of a Corporation could be read into the said provisions-the non-obstante clause notwithstanding- the Supreme Court in Indian Performing Rights Society v Sanjay Dalia & Anr- a decision rendered last...