Trademark Owner As Director Of Applicant Company Not Enough To Seek Rival's Name Change: Kerala High Court

The Kerala High court has quashed two MCA orders directing companies run by Kandamkulathy Francis Paul to change their names after K. P. Pathrose Vaidyan's Kandamkulathy Vaidyasala Pvt. Ltd. sought rectification of their names under Section 16(1)(b) of the Companies Act.Justice Bechu Kurian Thomas held that the company seeking the name changes did not itself hold the registered “Kandamkulathy” trademark. It therefore could not maintain the applications under Section 16(1)(b) of the Companies...

Bengaluru Court Orders Instagram To Restore Account Suspended Over IPL-Related Posts

A Bengaluru civil court has directed the restoration of an Instagram account suspended over posts alleged to have infringed trademark rights relating to the IPL. It held that the continued suspension was wholly disproportionate to the nature of the alleged violation.“Though the expressions used by the plaintiff may not have been appropriate, the intention behind the postings has also to be taken into consideration. Merely on the basis of the words employed, it cannot be concluded that the...

Copyright Office Says AI System DABUS Can't Be Copyright 'Author' Under Indian Law

On 31 August, the Indian Copyright Office rejected an application seeking registration of copyright in an artwork on the ground that its stated author, an artificial intelligence system called DABUS, is not a person recognised in law and therefore cannot be named as an author under the Copyright Act, 1957. Registrar of Copyrights Prof. (Dr.) Unnat P. Pandit passed the order while considering an application filed by Dr. Stephen L. Thaler for registration of the artistic work titled “A Recent...

Delhi High Court Directs Meta To Disclose Basis For Action Against SEBI-Registered Analyst's Instagram Accounts

The Delhi High Court on Monday directed Meta to place on record the material on the basis of which it disabled one of the Instagram accounts of SEBI-registered research analyst Aakanksha Gupta and restricted three other social media accounts.Justice Anup Jairam Bhambhani directed Meta to disclose the material underlying the action against Gupta's accounts. “The defendant no. 1 is directed to place on record the material based on which action has been taken against the plaintiff's accounts,” the...

Madras High Court Allows OTT Rights Holder Of Pawan Kalyan-Starrer Movie To Seek ₹4 Crore Refund From Producer

The Madras High Court has allowed Vijay Kothari, who claims exclusive digital, satellite, and OTT rights over Pawan Kalyan-starrer Hari Hara Veera Mallu, to amend his plaint against Mega Surya Productions. He can now seek the return of ₹4 crore under an Assignment Agreement, along with 18% interest.However, Justice K. Kumaresh Babu rejected Kothari's request to raise his damages claim from ₹5 lakh to ₹25 lakh. The court held that the plaint did not contain the necessary pleadings to support the...

Kolkata Court Restrains TV19 From Using Marks Deceptively Similar To TV9

The Commercial Court at Rajarhat, Kolkata has restrained TV19 Network from using the marks "TV19", "TV19 Network" and "TV19 Network Bangla", holding that they are prima facie deceptively similar to the registered "TV9" marks of Associated Broadcasting Company Pvt Ltd (ABCPL). Finding that the overall branding gave rise to a prima facie apprehension of deception and confusion among viewers and consumers, Judge Ishani Chakravarty Banerjee observed, "The overall visual presentation, colour...

Bombay High Court Allows NSEIL Plea Against Fairwealth Financial Services, Lifts Corporate Veil

The Bombay High Court on 29 July held that courts can lift the corporate veil where a company's separate legal identity is used as a cloak for fraud and misappropriation of investor funds.Justice Gauri Godse allowed an interim application filed by the National Stock Exchange of India Ltd. (NSEIL), directing Fairwealth Financial Services Ltd. to disclose its assets and restraining it from transferring or encumbering them after finding prima facie evidence of its involvement in the alleged...

NCLT & NCLAT Can't Decide Tenancy Rights, Civil Courts Have Exclusive Jurisdiction: Calcutta High Court

The Calcutta High Court on 29 July held that the National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) cannot decide tenancy rights. Only civil courts can adjudicate such disputes. A Division Bench of Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya dismissed the review petition filed by D & I Taxcon Services Pvt. Ltd. and upheld the eviction decree passed against the company after holding that it occupied the disputed premises as a licensee and...

Delhi Commercial Court Orders Blocking Of Websites Selling Pirated TrendyTech Course

A commercial court in Saket, New Delhi, has granted an ex parte interim injunction restraining the unauthorised sale and distribution of pirated copies of TrendyTech Insights LLP's copyrighted "GDL TrendyTech Ultimate Big Data Masters Program" course. It also directed the Department of Telecommunications (DoT) and the Ministry of Electronics and Information Technology (MeitY), along with internet service providers and other intermediaries, to block access to the infringing websites, while...

Mumbai Court Directs CBI To Furnish Chargesheet To Ex-RCFL CEO Devang Mody In ₹7,623 Crore Fraud Case

A Special CBI Court in Mumbai on Friday directed the Central Bureau of Investigation (CBI) to furnish an electronic copy of the chargesheet to former Reliance Commercial Finance Ltd. (RCFL) Chief Executive Officer and Director Devang Pravin Mody. Mody is accused in the alleged ₹7,623 crore bank fraud case involving Reliance ADA Group companies. The case relates to alleged irregularities in loans extended by a consortium of 31 banks and financial institutions to Reliance Commercial Finance Ltd....

Telangana High Court Refuses To Quash FIR Against SREI, Says Forgery Allegations Require Investigation

The Telangana High Court on 24 July held that it cannot decide the genuineness of disputed documents or examine allegations of forgery while exercising inherent powers to quash criminal proceedings, as such issues require investigation and adjudication of facts. Justice J Sreenivas Rao refused to quash the First Information Report (FIR) registered against SREI Equipment Finance Limited and its officials over allegations of forgery, fabrication of loan documents, falsification of accounts and...

Star Health Data Breach | Supreme Court Urges Insurer To Explore Amicable Resolution With Cybersecurity Expert

The Supreme Court on Friday asked Star Health and Allied Insurance Company to explore settling its dispute with cybersecurity expert Himanshu Pathak over alleged vulnerabilities in the insurer's systems. The direction came while the court was hearing Pathak's challenge to a Madras High Court judgment dismissing his writ appeals.A bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana indicated that it would prefer the parties to bring the litigation to a close rather...