Delhi High Court Passes John Doe Order In Favour Of Indian Hotels Company Over Use Of 'Ginger' Trademark By 'Fraudulent Websites'

The Delhi High Court has passed a John Doe order in favour of Indian Hotels Company, part of the TATA group of companies, by restraining various “unknown fraudulent websites” using its registered trademark “Ginger” unauthorisedly for hotel bookings. Justice Sanjeev Narula issued a summons in the trademark infringement suit filed by the Indian Hotels Company against various unknown persons who contact unwary customers through their websites.Granting an ex ex-parte ad interim injunction, the court...

Delhi High Court Restrains Real Estate Company From Unauthorisedly Using Taj's Vivanta Trademark

The Delhi High Court has restrained a real estate company offering luxury flats and accommodations from unauthorisedly using “Vivanta” mark in a trademark infringement suit filed by The Indian Hotels Company which owns hospitality brand 'Taj'. Justice Sanjeev Narula issued summons in the suit filed against Shivgyan Developers Private Limited alleging that the company was using “SHIVGYAN VIVANTA” name for one of its housing projects. The Indian Hotels Company sued the company alleging that the...

Delhi High Court Seeks Flipkart's Response Over Tackling Misuse Of GST By Rogue Sellers

The Delhi High Court has directed Flipkart to investigate the issue of misuse of GST by rogue sellers on the e-commerce platform and sought its response on the steps which can be taken to ensure that the misuse does not take place on the website. “In replying to this, they will be cognizant of their own process and policy which is inter alia part of the 'Beginners Guide to selling on Flipkart' and disclose as to how are these implemented,” Justice Anish Dayal said. The court also...

Delhi High Court Issues Summons In Tesla's Trademark Infringement Suit Against 'Tesla Power India'

The Delhi High Court has issued a summons in a trademark infringement suit filed by Tesla Inc., owned by Elon Musk, against a Gurugram-based company, Tesla Power India Private Limited and its US counterpart. Justice Anish Dayal issued a summons to the Indian company and Tesla Power USA LLC and sought their written statements. The court also issued notice on Tesla's plea seeking interim relief in the suit and listed it for a hearing on May 22.Tesla filed the trademark infringement suit alleging...

Delhi High Court Rules In Favour Of Pfizer In 'Viagra' Drug Suit, Permanently Restrains Oil Manufacturer From Using 'Vigoura' Mark

The Delhi High Court has permanently restrained a homeopathic oil manufacturer from selling its products under the mark “Vigoura” after pharmaceutical company Pfizer accused it of infringing its registered trademark “Viagra” used for an erectile dysfunction allopathic drug. Justice Sanjeev Narula observed that the trademark “Viagra” is highly recognized by its name in the sphere of erectile dysfunction drugs and has also acquired national and global repute. “The Defendants or anyone acting on...

'Classic Case Of Triple Identity': Delhi HC Issues Permanent Injunction In Favor Of Heifer International In Infringment Suit Against Heifer Project India Trust

The Delhi High Court has issued a permanent injunction in favor of Heifer Project International in a trademark infringement dispute against Heifer Project India Trust. Justice Sanjeev Narula, presiding over the case, highlighted that it was a clear instance of 'triple identity'.Justice Narula noted, "Indeed, the present case is a classic instance of 'triple identity.' The Impugned trademarks are nearly identical, as are the areas of operation, and the segments of the public they target....

Calcutta High Court Restrains HUL From Using 'Glow & Handsome' Trademark In Infringement Suit By Emami

The Calcutta High Court has restrained consumer goods giant Hindustan Unilever Ltd (HUL) from using the 'Glow & Handsome' trademark to sell its men's care products following a suit by Emami Ltd. whose brand "Fair & Handsome" allegedly held the major market share.In 2020, HUL changed the name of its men's skin cream from “MEN'S FAIR & LOVELY” to “GLOW & HANDSOME.” Emami immediately challenged HUL's use of the mark “GLOW & HANDSOME” before the Calcutta High Court, on the basis...

Burden On Defendant To Rebut Presumption As To Prima Facie Validity Of Registered Trademark In Suit Against Infringement: Karnataka High Court

The Karnataka High Court has dismissed the appeal filed by a partnership firm challenging trial court's temporary injunction order restraining it from infringing original plaintiff's registered trademark "Hotel Special", in relation to marketing of asafoetida (Hing).A single judge bench of Justice Anant Ramanath Hegde observed that registration of trademark is granted by the authority after due application of mind. Thus, it held, “Once the trade mark is registered, Section 31(1) of the Act...

Domino's Pizza: Delhi High Court Restrains Food Outlets From Using 'Domino', 'Dominoz' Marks, Orders Delisting From Swiggy And Zomato

The Delhi High Court has restrained eight food outlets in the national capital from using Domino, Domino's, Dominon, Domino's, Dominoz, Domino's and Domain's marks after famous multinational pizza restaurant chain Domino's Pizza sued them over trademark infringement.Justice Sanjeev Narula directed food delivery platforms, Zomato and Swiggy, to delist, takedown and suspend the outlets from their mobile applications and websites.It was the case of Domino's Pizza that the eight food outlets...

Delhi High Court Orders Take Down Of 'Fraudulent Website' Impersonating Tata, Luring Customers To Invest In Ponzi Scheme

The Delhi High Court has ordered the taking down of a “fraudulent website” impersonating Tata Sons Private Limited and luring customers to invest in their ponzi investment scheme.Justice Sanjeev Narula directed restrained Tata Restart, the entity running the website, from, using Tata or Tata Restart mark or any other mark deceptively similar to the registered marks of Tata Sons.Granting an ad-interim injunction in favour of Tata Sons in its trademark infringement suit, the court directed the...

Delhi High Court Awards ₹3.5 Lakh Costs To Puma In Trademark Infringement Suit

The Delhi High Court has awarded Rs. 3.5 lakh costs to German multinational corporation, Puma, in a trademark infringement suit against an entity manufacturing various products using the former's trademark “Puma.”Justice Anish Dayal decreed the suit in favour of Puma and permanently restrained the defendant manufacturer, Ashok Kumar who was trading as RK Industries, from manufacturing products using the “Puma” mark. In September 2022, an ex parte ad interim injunction order was passed wherein...

Delhi High Court Disposes 40 Yrs Old Dispute Concerning Infringement Of 'FIELD MARSHAL' Trademark

The Delhi High Court has recently disposed of a 40 year old dispute concerning the infringement of “Field Marshal” trademark.Justice Prathiba M Singh decreed a suit filed by an entity, PM Diesels Private Limited in 1985 seeking to injunct another entity, Thukral Mechanical Works from using 'Fieldmarshal' or any other mark deceptively similar to its mark. PM Diesels claimed that it was the registered proprietor of the mark “Fieldmarshal” written in a particular style which was used since August...