Delhi High Court Protects Dream 11's Trademark From Unknown Entities, Awards ₹1 Lakh Cost

The Delhi High Court has restrained unknown defendants from infringing the registered trademarks of online fantasy sports league platform 'Dream11' including its domain names or content on its websites.In doing so, the court observed that the defendant had replicated the contents, colour scheme, look and feel, and the "Dream 11" trademarks from the plaintiff–Sporta Technologies Pvt Ltd's website which indicated malafide. The unknown (John Doe) defendants (defendant no.1) is the...

Telegram Informs Madras High Court That It Will Remove And Block Accounts Impersonating PhonePe

Telegram has informed the Madras High Court that it would remove any accounts impersonating PhonePe in its servers as and when a request for the same is received from Phone Pe. The submissions were made before Justice K Kumaresh Babu. The court was hearing a plea by PhonePe seeking an injunction against Telegram. Phone Pe had approached the court seeking damages of 10 Lakh and an injunction restraining Telegram and its agents from infringing PhonePe's registered trademark by...

Delhi High Court Restrains 'Rogue App' From Streaming Star's Contents

In relation to a copyright suit filed by Star Channels, the Delhi High Court has restrained a 'rogue app' and related websites from streaming, reproducing and making the contents of Star Channels available to the public.Star Channels filed the suit for a permanent injunction against King's Pro+ app and related websites (defendant no.1) for allegedly making Star's original content available for download. Star Channels owns and operates 'Disney+ Hotstar' and claims to have exclusive rights over...

Delhi High Court Awards ₹7 Lakh As Costs And Damages To 'New Balance' In Trademark Infringement Suit

The Delhi High Court has recently awarded Rs. 7 lakh as costs and damages to sports footwear and apparel brand “New Balance” in a trademark infringement suit filed by it against a manufacturer.Justice Mini Pushkarna decreed the suit in favour of New Balance and concluded that Pulkit Khubchandani, the defendant, had infringed the its registered trademark. Khubchandani's company, Kiran Shoe Company, was engaged in the business of manufacturing, marketing and selling footwear bearing the marks N...

Recorded Telephonic Conversations Are Not Admissible As Evidence Due To Infringement Of Privacy: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that recorded telephonic conversations are inadmissible as evidence if obtained without consent, as their use would infringe on an individual's right to privacy.This ruling arose from a petition seeking to admit a recorded conversation between a respondent's wife and her mother in court, which the trial court denied. The petitioner challenged this refusal, attempting to rely on the recording under Section 65(B) of the Indian Evidence Act and Section 14 of...

Section 134(2) Of Trademarks Act Does Not Bar Applicability Of Clause XIV Of Letters Patent: Bombay High Court

The Bombay High Court has observed that Section 134(2) of the Trademarks Act, 1999 does not bar a plaintiff from seeking leave of the Court to combine the cause of action of 'passing off' with the suit of infringement under Clause XIV of the Letters Patent.BackgroundBajaj Electricals Limited (petitioner) sought leave of the Court under Clause XIV of the Letters Patent Act to combine the cause of action of passing off with the cause of action of infringement of trademark against the respondents....

Rajasthan High Court Lifts Stay On Release Of Alia Bhatt Starrer 'Jigra' Over Trademark Dispute

The Jodhpur bench of the Rajasthan High Court in an interim order on Thursday (October 10) lifted a stay imposed by a commercial court, temporarily restraining the release of Alia Bhatt's starer “Jigra”, scheduled for Friday (October 11). A division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman in its interim order said, "As an ad interim measure, the effect and operation of the impugned order dated 08.10.2024 passed by learned Commercial Court No.1, Jodhpur in Civil...

Delhi High Court Passes John Doe Order To Protect Trademark Of Master Capital Services, Asks Meta To Block WhatsApp Accounts Misusing Mark

The Delhi High Court has issued an ex-parte temporary injunction against unidentified individuals, restraining them from using the trademark 'Master Trust', owned by Master Capital Services Limited.The Court also directed Meta, Ministry of Electronics and Information Technology and Department of Telecommunications to block WhatsApp accounts of groups, which are claiming association with Master Capital and asking public to invest funds. Master Capital Services Limited (plaintiff no. 1) offers...

[Commercial Courts Act] IPR Suits Involving Infringement Can Be Ordinarily Instituted Without Exhausting Mediation U/S 12-A: Bombay HC

The Bombay High Court has observed that a plea of urgent interim relief by bypassing pre-litigation mediation as stipulated under Section 12-A of the Commercial Courts Act, 2015, can be rejected only in cases of deception or falsity apparent from the plaint itself. With respect IPR suits involving infringement or passing off, the Court stated that such suits could be ordinarily instituted without exhausting the pre-litigation mediation requirement under Section 12-A of the C.C. Act.A single...

Trademark Infringement Suit Pre-Supposes Urgency For Dispensation Of S.12A Of Commercial Courts Act: Telangana High Court

In relation to commercial disputes, the Telangana High Court has observed that a plaintiff's allegations of misuse of trademark indicate the 'urgency' of court intervention and thus the requirement of pre-institution mediation provided in Section 12A of the Commercial Courts Act, 2015, can be dispensed or exempted with in such cases. The Court emphasized the time-sensitive nature of IPR/trademark infringement cases. It remarked “Unlike other forms of property, where the wrongful...

Delhi High Court Restrains Businesses From Using Amul's Trademark On Their Pharmaceutical Products, Directs Payment Of ₹5 Lakhs In Damages & Costs

The Delhi High Court has issued a permanent injunction in favour of Amul, against businesses dealing in pharmaceutical products, from using 'AMUL' trademark on their products. The Court imposed costs and damages of Rs. 5 lakh against them for infringing Amul's well-known trademark.A single judge bench of Justice Mini Pushkarna observed that an ordinary customer is likely to be confused that the defendants have some association with Amul, thus giving them an unfair advantage and damaging the...

Delhi High Court Directs E-Commerce Platforms To Block Listing Of Counterfeit EBC Books

In an interim injunction suit, the Delhi High Court has directed e-commerce platforms including Amazon and Flipkart to block the listing of counterfeited books of 'Eastern Book Company' (EBC) from their websites.EBC is one of the leading publishers of legal textbooks, commentaries and law reports authored by legal luminaries. The counterfeit/pirated books under the names 'Eastern Book Company' and 'EBC' were sold by the defendants on Amazon and Flipkart websites. The counterfeited books include...