Delhi HC Restrains Rogue Websites From Infringing Trademark Of Reliance's 'YOUSTA' Fashion Brand, Orders Blocking Of Social Media Accounts

The Delhi High Court has granted an ex-parte ad-interim injunction in favour of Reliance Retail Ltd, restraining several rogue websites and social media accounts from infringing the trademark of its 'Yousta' fashion brand.Justice Mini Pushkarna was considering Reliance Retail Ltd's (plaintiff) suit which alleged that the rogue defendants have established fake social media profiles including Facebook, LinkedIn, YouTube, WhatsApp accounts as well as fake email domains, which use its trademarks,...

Delhi High Court Temporarily Restrains Instagram Handles From Infringing House Of Masaba's Trademarks

The Delhi High Court has issued a temporary injunction in favour of fashion designer Masaba Gupta's brand House Of Masaba Lifestyle Private Limited, against trademark infringement of its 'Masaba' and 'House of Masaba' marks by certain Instagram pages/handles.The plaintiff–House Of Masaba Lifestyle Pvt Ltd., had submitted that the Instagram pages of the defendants were using its registered trademarks. The defendant's websites include 'masabacoutureofficial.co' and 'masabacouture.in'.Justice Amit...

Delhi High Court Injuncts Imposter Domain Names From Infringing Trademark Of Tata Power Solar Systems Ltd

The Delhi High Court has issued a permanent injunction in favour of Tata Power Solar Systems Limited, restraining several registrants of domain names from using the domain names and email addresses infringing upon the trademark of the company.Tata Power Solar Systems Limited (plaintiff) filed suit for a permanent injunction against domain names including tatapowersolardealership.co.in, tatapowersolars.com, tatapowersolars.org and tatapowersolarroof.com for using its trademark and duping...

Delhi High Court Stays Injunction Against Samman Capital In Trademark Case By Svamaan Financial Services

The Delhi High Court has stayed the operation of a single bench's order that temporarily restrained Sammaan Capital Limited from using 'SAMMAAN' mark in a trademark infringement plea moved by Svamaan Financial Services Private Limited, a non-banking finance company (NBFC) providing microfinance loans. A division bench of Justice C. Hari Shankar and Justice Ajay Digpaul observed “In view of the fact that the appellants are, in all their promotional material, adding the caption “Formerly...

'Deceptively Similar': Delhi HC Orders Cancellation Of 'Javatpoint' Trademark In Oracle America's Plea Challenging Infringement Of Its 'JAVA' Mark

The Delhi High Court ordered the cancellation of the trademark registration of 'javapoint' in a plea filed by the American software company, Oracle America Inc, which owns the rights over Java software.Justice Amit Bansal in his order said, "As may be seen from the side-by-side comparison of the marks set out in the table above, the impugned mark subsumes the petitioner's mark JAVA in its entirely and is almost identical with its mark JAVASCRIPT. The minor difference/ addition in the impugned...

Delhi High Court Permanently Restrains Rogue Apps & Websites From Illegally Streaming Star India's Content

The Delhi High Court has granted a permanent injunction in favour of Star India Pvt. Ltd against copyright infringement of its content by rogue apps and websites such as Ninja TV, RTS TV, Kyte TV, Picaso TV, Stream India and Hotstar Mod App.Star India, an entertainment and media company, broadcasts popular content on its STAR channels in various languages. It owns and operates websites and apps including 'Disney+Hotstar'. Star India sought to restrain the defendants from illegally and...

Delhi High Court Directs Blocking Access Of IPTV Websites Infringing Star India's Content

The Delhi High Court has issued a temporary injunction in favour of the entertainment and media company, Star India Pvt. Ltd, against infringement of its copyrights and broadcast reproduction rights by IPTV streaming applications.Star India Pvt. Ltd broadcasts popular content on its STAR channels including live sports content, trailers of upcoming films and television serials. It owns and operates audio-visual streaming platforms and websites including 'Disney+Hotstar' and JioCinema.Star sought...

Both Denote Respect: Delhi HC Restrains Infringement Of NBFC's 'SVAMAAN' Trademark By Identical Business Using 'SAMMAAN' Name

The Delhi High Court has granted a temporary injunction in favour of Svamaan Financial Services Private Limited, a non-banking finance company (NBFC) providing microfinance loans, against trademark infringement by other businesses providing identical services using the 'SAMMAAN' formative name in their corporate logo.Justice Amit Bansal observed that the impugned 'SAMMAAN' marks were identically similar to Svamaan Financial Services (plaintiff) 'SVAMAAN' trademark and thus a prima facie case of...

Court Has Jurisdiction In Trademark Suits If Goods Marketed Online Can Be Accessed In Their Jurisdiction: Delhi High Court

The Delhi High Court has observed in a case of trademark infringement, even if a party is not physically selling impugned goods in a specific territory, but is offering them for sale through a website accessible in that territory, the Court where the goods are sold online would have jurisdiction to try the matter. Justice Mini Pushkarna observed, “Thus, when the website marketing the goods of the defendants is accessible from Delhi, though the said website may have stopped its operation...

Ex-Parte Order Appointing Commissioner To Conduct Search/Seizure In IPR Infringement Cases Is To Preserve Evidence, Necessary: Karnataka HC

The Karnataka High Court has said that in intellectual property rights cases, the ex-parte order of appointment of the Court Commissioner for search and seizure–an Anton Piller order, is to ensure that a surprise element remains intact in the absence of which the respondents can easily remove the infringing products when the commissioner visits the latter's premises.Anton Piller orders are court orders giving the right to search premises and seize evidence without prior warning in order to...

Bombay High Court Appoints Ex-SC Judge To Resolve ₹5000 Crore Trademark Dispute Between Lodha Brothers

The Bombay High Court on Friday appointed former Supreme Court judge Justice RV Raveendran to mediate the Rs 5,000 crore trademark dispute between real estate giants and brothers - Abhishek Lodha and Abhinandan Lodha.This comes after the Lodha brothers consented to mediation. Single-judge Justice Arif Doctor is seized with the trademark suit by Abhishek's firm - Macrotech Developers against his brother Abhinandan's company - House of Abhinandan Lodha. "Let the initial mediation commence between...

Intellectual Property Theft Comes Under SC/ST Act : Supreme Court Affirms Bombay HC Verdict Giving Relief To Dalit Researchers

The Supreme Court recently upheld the Bombay High Court's judgment on the issue of compensation for intellectual property loss under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and its accompanying Rules, 1995.This High Court's ruling upheld the right of two researchers from the Scheduled Caste community, who alleged caste-based atrocities, to compensation for the loss of their intellectual property due to a theft.A bench of Justice B.V. Nagarathna and Justice...