Delhi High Court Passes John Doe Order To Protect Trademark Of Master Capital Services, Asks Meta To Block WhatsApp Accounts Misusing Mark

The Delhi High Court has issued an ex-parte temporary injunction against unidentified individuals, restraining them from using the trademark 'Master Trust', owned by Master Capital Services Limited.The Court also directed Meta, Ministry of Electronics and Information Technology and Department of Telecommunications to block WhatsApp accounts of groups, which are claiming association with Master Capital and asking public to invest funds. Master Capital Services Limited (plaintiff no. 1) offers...

[Commercial Courts Act] IPR Suits Involving Infringement Can Be Ordinarily Instituted Without Exhausting Mediation U/S 12-A: Bombay HC

The Bombay High Court has observed that a plea of urgent interim relief by bypassing pre-litigation mediation as stipulated under Section 12-A of the Commercial Courts Act, 2015, can be rejected only in cases of deception or falsity apparent from the plaint itself. With respect IPR suits involving infringement or passing off, the Court stated that such suits could be ordinarily instituted without exhausting the pre-litigation mediation requirement under Section 12-A of the C.C. Act.A single...

Trademark Infringement Suit Pre-Supposes Urgency For Dispensation Of S.12A Of Commercial Courts Act: Telangana High Court

In relation to commercial disputes, the Telangana High Court has observed that a plaintiff's allegations of misuse of trademark indicate the 'urgency' of court intervention and thus the requirement of pre-institution mediation provided in Section 12A of the Commercial Courts Act, 2015, can be dispensed or exempted with in such cases. The Court emphasized the time-sensitive nature of IPR/trademark infringement cases. It remarked “Unlike other forms of property, where the wrongful...

Delhi High Court Restrains Businesses From Using Amul's Trademark On Their Pharmaceutical Products, Directs Payment Of ₹5 Lakhs In Damages & Costs

The Delhi High Court has issued a permanent injunction in favour of Amul, against businesses dealing in pharmaceutical products, from using 'AMUL' trademark on their products. The Court imposed costs and damages of Rs. 5 lakh against them for infringing Amul's well-known trademark.A single judge bench of Justice Mini Pushkarna observed that an ordinary customer is likely to be confused that the defendants have some association with Amul, thus giving them an unfair advantage and damaging the...

Delhi High Court Directs E-Commerce Platforms To Block Listing Of Counterfeit EBC Books

In an interim injunction suit, the Delhi High Court has directed e-commerce platforms including Amazon and Flipkart to block the listing of counterfeited books of 'Eastern Book Company' (EBC) from their websites.EBC is one of the leading publishers of legal textbooks, commentaries and law reports authored by legal luminaries. The counterfeit/pirated books under the names 'Eastern Book Company' and 'EBC' were sold by the defendants on Amazon and Flipkart websites. The counterfeited books include...

Delhi High Court Rules In Favour Of Taj Hotels In Trademark Infringement Suit Against 'Taj Iconic'

The Delhi High Court has ruled in favour of Indian Hotels Company, which owns the Taj hotels chain, in a trademark infringement suit filed by it against a man running a business under the name “Taj Iconic Membership.”Justice Mini Pushkarna awarded Rs. 10 lakh damages and Rs. 5 lakh costs in favour of the Taj group and decreed the suit against the individual, Manoj. The suit claimed that in 2022, Manoj's representative contacted Taj's representative, asking them whether they were interested...

Delhi High Court Restrains T-Series From Using 'Aashiqui' Title In Trademark Infringement Suit By Mukesh Bhatt's Firm

The Delhi High Court has restrained film production company T-Series from using titles “Tu Hi Aashiqui”, “Tu Hi Aashiqui Hai” and “Aashiqui” in respect of an upcoming film. Justice Sanjeev Narula granted an interim injunction in favour of Vishesh Films, a film company owned by Mukesh Bhatt, in a trademark infringement suit filed against Super Cassettes Industries Private Limited, which does business as T-Series. The court said that Vishesh Films' mark “Aashiqui” is registered under the Trade...

[Mount's 6000 v. Vasco 60000] MP High Court Allows Brewery's Plea Challenging Registration Of "Similar" Label, Says It May Confuse Public

The Madhya Pradesh High Court, at its Indore bench, recently allowed a plea moved by a brewery–Mount Everest Breweries Limited, which had challenged the registration of a similar beer label–“VASCO 60000 EXTRA STRONG BEER” by a competing brewery alleging that it would lead to a potential trademark infringement.The high court however held that the there was similarity and resemblance which might confuse the public between the two products.Taking note of the features of the two products, the...

Trademark Infringement: Bombay High Court Grants Temporary Relief To US Fast-Food Giant "Burger King", Restrains Pune-Based Outlet

In a temporary respite for the United States food giant 'Burger King' the Bombay High Court on Monday granted an ad-interim order, restraining a Pune-based food joint from using the trademark 'Burger King' till further hearing in the matter.A division bench of Justices Atul Chandurkar and Rajesh Patil said it will hear the appeal filed by Burger King Corporation, the US food company through its counsel Hiren Kamod, on September 6."Till then the ad-interim relief to continue against the...

Trade Mark Infringement: Bombay High Court Restrains Indian Pharma Company From Using Mark 'Deceptively Similar' To International Firm

The Bombay High Court recently restrained an Indian company from using a trade mark, 'deceptively similar' to an International pharmaceutical company, observing that the primary duty of the court is towards the public.Single-judge Justice Riyaz Chagla restrained Sefier Life Science Private Ltd. an Indian company, which has been manufacturing medicines here and exporting it to various countries. The plaintiff -Les Laboratories Servier, is an international and independent pharmaceutical group...

Bombay High Court Imposes ₹4 Crore Additional Cost On Patanjali For Breach Of Injunction Order In Trademark Infringement Case

The Bombay High Court on July 29, imposed a cost of Rs 4 crores on Patanjali Ayurved Ltd. for violating an injunction/ad-interim order of the Court, which had restrained the company from selling its camphor products in relation to a trademark infringement case filed by Mangalam Organics Ltd.Patanjali now has a total of Rs 4.5 crores imposed on it. Mangalam Organics had filed a commercial suit against Patanjali claiming passing off and copyright infringement of their camphor products. Through an...

Delhi High Court Rejects Textile Firm's Sindhi Breakdown Of Word "Adidas" To Defend Trademark Infringement Suit

The Delhi High Court recently permanently restrained a textile firm and its partners from using the 'Adidas' mark, after the German sports and apparel wear company filed a trademark infringement lawsuit.In doing so, a single judge bench of Justice Sanjeev Narula rejected the defendants' contention that the name of the firm stems from one of the partners' “deep admiration for his elder sister” addressed as 'ADI' in the Sindhi community. Contending that the use of the term was bonafide and...