Delhi High Court Issues Permanent Injunction Against Trademark & Copyright Infringement Of Acquaguard's Spare Parts, Imposes ₹2 Lakh Costs

The Delhi High Court has granted permanent injunction in favour of Eureka Forbes Limited which owns 'Acquaguard', restraining a manufacturer of spare parts of water purification systems from infringing on its trademarks and copyrights.Eureka Forbes Limited (plaintiff) manufactures and sells water purifiers and its spares and consumables under the 'AQUAGUARD' and formative trademarks. Eureka stated that it adopted the trademark Aquaguard in 1982 with respect to water purification systems that...

Delhi HC Grants Permanent Injunction In Favour Of Rishikesh Based Chotiwala Restaurant Over Trademark Infringement, Awards ₹3 Lakh Damages

The Delhi High Court has recently granted a permanent injunction in favour of Rishikesh-based restaurant Chotiwala Food And Hotels Private Limited, restraining three Delhi-based restaurants from using Chotiwala's name, trademark and artistic work.Chotiwala Food And Hotels Pvt. Ltd. (plaintiff no. 1) was established in 1958 at Rishikesh, Uttarakhand and was previously named Chotiwala Shudh Ghee Bhojanalay and Chotiwala Bhojanalay. In 1995, the restaurant was renamed as 'Chotiwala' and it obtained...

Bombay High Court Restrains Entity From Using Trademark 'Deceptively Similar' To Hair Color Brand STREAX

The Bombay High Court on Wednesday (March 5) restrained an entity from using a trade mark which is 'deceptively similar' to hair colour brand - 'Streax.'Single-judge Justice Manish Pitale in his order, noted that the plaintiff - Hygienic Research Institute Private Limited owner of the trademark 'Streax' successfully brought on record the fact that it has been using this trademark since July 1, 2002 while the defendant company trademark 'Streak Street' was registered only in 2018."This Court is...

Delhi HC Issues Summons In Moti Mahal's Trademark Infringement Suit Against Restaurant In City's Diplomatic Area

Moti Mahal Delux Management Services Private Limited, which owns the popular Moti Mahal restaurant chains, has filed a trademark infringement suit in the Delhi High Court against a restaurant running by the name of “Moti Mahal Delux” in city's Malcha Marg area in Chanakyapuri. Justice Amit Bansal issued summons in Moti Mahal's suit and listed the matter for hearing on May 21. The Court also issued notice on the application seeking interim injunction filed by Moti Mahal Delux Management Services...

Delhi High Court Restrains Company Which Owns Mamagoto, Dhaba From Playing Phonographic Performance's Copyrighted Songs In Its Restaurants

The Delhi High Court has granted a temporary injunction in favour of Phonographic Performance Limited (PPL), restraining Azure Hospitality Private Limited which runs several restaurants, from playing PPL's copyrighted songs at the premises of its restaurants.Phonographic Performance Limited (plaintiff) is engaged in the business of issuing licences for public performance of sound recordings on the basis of the assignments granted to it by its various member record labels. PPL owns the public...

Delhi High Passes John Doe Order Restricting Domain Names From Infringing Burger King's Trademarks & Running Fake Franchise

The Delhi High Court has granted a temporary injunction in favour of the fast food chain, Burger King Corporation, and directed the suspension of domain names/websites infringing upon its 'BURGER KING' trademarks.Burger King Corporation (plaintiff) sought an injunction against unknown defendants for running fake franchise/dealership websites using its trademarks. It is alleged that the operators of the domain names are collecting money from innocent and gullible consumers and customers. Burger...

Deliberately Misled Consumers: Delhi HC Decrees Castrol Ltd's Trademark Infringement Suit Against Engine Oil Manufacturers, Awards ₹20 Lakh

The Delhi High Court recently granted permanent injunction in favour of the automobile lubricants manufacturer Castrol Limited, against trademark and trade dress/package infringement by businesses manufacturing, selling and advertising engine oils and lubricants.Justice Mini Pushkarna awarded Rs. 20 lakh of costs and damages to Castrol, decreeing the suit against engine oil manufacturers under the brand Kapil Auto Workshop and Makkvoll Lubricants."Upon a careful comparison of the trade dress of...

MSME Act | Procurement Order 2012 Has Force Of Law, Authorities Subject To Judicial Review : Supreme Court

The Supreme Court recently (on February 25) held that the Procurement Order 2012 issued as per the Micro, Small and Medium Enterprises Development Act, 2006, has the force of law and is enforceable.The Court further held that while the MSME Act and the Procurement Order 2012 do not create an 'enforceable right' for an individual MSE, the statutory authorities and administrative bodies created thereunder are impressed with enforceable duties. They are accountable and subject to judicial...

'Deliberate And Wilful Infringement' Of Trademark: Delhi HC Directs Amazon To Pay ₹339.25 Crore To Luxury Brand Beverly Hills Polo Club

In a significant ruling, the Delhi High Court has imposed hefty damages and costs totalling Rs. 339.25 crore on Amazon Technologies Inc for trademark infringement of the luxury lifestyle brand, Beverly Hills Polo Club.Remarking that Amazon's actions amounted to 'deliberate and wilful infringement', Justice Prathiba M. Singh observed that Amazon engaged “deliberate strategy of obfuscation, pretending to wear different hats—one as an intermediary, one as a retailer, and one as a brand owner - all...

Delhi High Court Permanently Restrains Domain Names/Websites From Infringing Tata Group's 'CROMA' Trademark

The Delhi High Court recently issued a permanent injunction in favour of the Tata Group's subsidiary Infiniti Retail Limited, the owner of 'CROMA' trademark, against trademark infringement by domain names/websites using the said mark.The electronic goods retail chain Infiniti Retail Ltd (plaintiff) stated that it is a wholly owned subsidiary of Tata Sons Pvt Ltd and part of the Tata Group and was incorporated in 2005. It stated that it offers a wide range of products at its stores, including...

Delhi High Court Passes John Doe Order Against Rogue Websites Infringing Online Gaming Company Baazi Group's Trademark

The Delhi High Court recently issued a temporary injunction against 'rogue websites' from accessing and using the domain names infringing the trademark of Moonshine Technology Private Limited, the parent company of Baazi Group of Companies providing online gaming products and services.The rogue websites are operating under different names including baaziadda, baazi247, baazi365 and lotusbaazi. Moonshine Technology Pvt Ltd (plaintiff) stated that the Baazi group has registered various trademarks...

Detention Of Accused For More Than 6 Years As 'Undertrial' Is Infringement Of Right To Speedy Trial: Orissa High Court

The Orissa High Court has held that detention of an accused as an undertrial for more than six years can be considered as violation of right to speedy trial as guaranteed under Article 21 of the Constitution. While granting bail to a person accused of duping gullible investors of crores of rupees, the Single Bench of Justice Gourishankar Satapathy observed – “True it is that what extent of time would be considered as an infringement of right to speedy trial has not been defined...