High Courts
Potential Infringement Of Child's Right To Privacy: High Court Upholds Stay On Aadhar Mandate For EWS Admissions In Delhi Private Schools
The Delhi High Court has upheld a single judge order staying two circulars issued by the Delhi Government mandating furnishing of Aadhaar card of a child in the online process for admission in a private school in the national capital under the EWS or DG category. A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said that the issue of obtaining sensitive personal details of a child, as observed by the Supreme Court in K.S. Puttaswamy case, would have...
Delhi HC Denies Interim Relief To Ivy League Princeton University In Trademark Suit Against Hyderabad-Based 'Princeton' Schools & Colleges
The Delhi High Court has observed that merely because several Indians may have studied in the prestigious Princeton University in the United States would not amount to “use” by the American Ivy League college of its “Princeton” mark in India for providing its services in terms of the Trade Marks Act. “Reference to Indian students studying at Princeton, howsoever large the number, cannot amount to the plaintiff providing services, in India, under the PRINCETON mark. Opening of centres in the...
Trademark Infringement | Except In "Most Exceptional Cases", No Ex-Parte Injunction If Defendant Has Been In Market For Some Time: Delhi High Court
The Delhi High Court has ruled that in cases where the impugned mark has been used by the defendant for any length of time, the courts must give an opportunity to the defendant to respond to the application for interim injunction filed in a trademark infringement suit before passing any orders. “Where the impugned mark has been used by the defendant for any length of time, that sole factor would entitle the defendant to an opportunity to respond, inviting, to the prayer for interlocutory...
‘Pay ₹5 Lakh Or Face Civil Prison For Repeatedly Breaching Injunction Order’: Delhi High Court To Hotel In Ramada's Trademark Infringement Suit
The Delhi High Court has directed a hotel to deposit Rs. 5 lakhs with its Registry for repeated breach and “contumacious disobedience” of an injunction order passed against it in a trademark infringement suit filed by international hospitality company Ramada. Justice C Hari Shankar said that in case the sum is not deposited, Kumar Sambhav, the Director of La Ramada World Resort and Spa, would be taken into custody to suffer incarceration in civil prison for a period of week.“Injunction orders...
Madras High Court Criticises PhonePe For Taking Contrary Stands About Its Trademark Before Various Forums, Dismisses Appeal Against DigiPe
In a setback to payments platform PhonePe, the Madras High Court has dismissed the appeals preferred by the company against a single judge order refusing to grant an interim injunction against alleged infringement of its trademark by DigiPe. The single judge had said that PhonePe had failed to make out a prima facie case and that it had failed to disclose material facts concerning the dismissal of similar applications before other High Courts. Dismissing the appeals, the bench of Chief...
'Nation Wants To Know' Tagline: Times Group Withdraws From Delhi High Court Plea Seeking Contempt Action Against Republic TV, Arnab Goswami
Times Group has withdrawn from the Delhi High Court its application seeking initiation of contempt of court proceedings against Republic TV and its Managing Director Arnab Goswami for violating an order passed in 2020 over the use of “Nation Wants To Know” tagline.The application was listed yesterday before Justice C Hari Shankar in a suit filed in 2017 by Bennett Coleman, a flagship company of Times Group which owns Times Now news channel, alleging infringement of its trademark ‘News Hour’...
Khiladi v. Khiladi: Delhi High Court Refuses Injunction Against Telugu Film In Trademark Infringement Suit By Makers Of Akshay Kumar Starrer
The Delhi High Court has ruled that the mark “Khiladi” pertaining to the 1992 Akshay Kumar starrer Bollywood movie and the mark “Khiladi” of a Telugu action thriller film which was released last year are prima facie not similar.Justice Jyoti Singh dismissed the application seeking interim injunction filed by Venus Worldwide Entertainment Private Limited, the production company which produced the 1992 movie, in its trademark infringement suit against filmmakers of the Telugu movie. The court...
Proprietor Must Establish 'Validity' Of Trademark Registration U/S 28 To Obtain Relief Against Infringement: Delhi High Court
The Delhi High Court has ruled that proprietorship of registration in respect of a trademark does not ipso facto entitle to the proprietor the right to obtain relief against infringement of the mark.Justice C Hari Shankar added that the rights to claim exclusivity over the trademark and to obtain relief against its infringement, as envisaged under Section 28(1) of the Trade Marks Act, are conditional on the trademark registration being valid. “The words “if valid”, in Section 28(1), therefore,...
‘Mankind’ And ‘Novakind’ Marks Confusing When Used For Pharmaceutical Preparations: Delhi High Court
Observing that the marks “Novakind” and “Mankind” are confusing when used for pharmaceutical preparations, the Delhi High Court has made absolute the interim injunction order against an entity manufacturing medicines using the suffix “Kind” till final disposal of a trademark infringement suit filed by Mankind Pharma. “The “KIND” suffix not being endemic to pharmaceutical preparations, there is every likelihood of a customer of average intelligence and imperfect recollection, who chances across...
Google Not Exempted From Liability Of Trademark Infringement When Trademarks Are Used As Keywords In Its Ads Programme: Delhi High Court
The Delhi High Court has ruled that Google is not entitled to the safe harbour protection under the Information Technology Act, 2000, as well as from the liability of trademark infringement where it uses a trademark as a keyword in its Ads Programme. “It is difficult to accept that Google is entitled to exemption under Section 79 of the IT Act from the liability of infringement of trademarks by its use of the trademarks as keywords in the Ads Programme. It can hardly be accepted that Google can...
Delhi High Court Awards Rs 5 Lakh Cost To Sun Pharma In Its Trademark Infringement Suit Over ‘Oxiplat’ Mark
The Delhi High Court has awarded costs of Rs. 5 lakh to pharma company Sun Pharmaceutical Industries Limited in a trademark infringement suit filed by it over its registered mark “Oxiplat”, which is named after one of its drug preparations.The mark ‘Oxiplat’ was coined by Sun Pharmaceuticals in 2001. Since then, it has been used for medicinal preparations consisting of Oxaliplatin, a drug which is used in treatment of cancer of colon and rectum. Justice Prathiba M Singh was dealing with Sun...
Delhi High Court Restrains WOW Momo From Using ‘WOW China Bistro’ Mark In Trademark Infringement Suit By ‘China Bistro’
The Delhi High Court has temporarily restrained fast food chain WOW! Momo from using the mark “WOW China Bistro” in a trademark infringement suit filed by an entity that has been operating various restaurants under its registered mark “China Bistro.”Justice C Hari Shankar however clarified that WOW! Momo would be entitled to use the mark “WOW! CHINA” or “WOW! CHINA LIVE CHINESE” logo. The court observed that when compared as wholes, the two individual marks in question are deceptively similar as...