[Trademark Infringement] Higher Degree Of Caution Required Where Marks Pertain To Food Items Or Eateries: Delhi High Court

The Delhi High Court has observed that where the trademarks in a suit pertain to food items or eateries where food items are served, a “higher degree of care and caution” is to be observed.Observing that running an eating house using a mark which is deceptively similar to a reputed mark does not speak well for the enterprise concerned, Justice C Hari Shankar said:“The intent to capitalise on the reputation of a known and established brand, by using a mark which is deceptively similar to the mark...

Theos v. Theobroma: Delhi High Court Closes Trademark Infringement Suit, Issues Clarifications

The Delhi High Court has decreed with certain clarifications a trademark infringement suit between two competing bakery entities Theos and Theobroma, after a settlement between them.Justice Prathiba M Singh permitted bakery outlet Theorbroma to expand its outlets across the country but restrained Theos to the Delhi-NCR region.“Theobroma is free to expand its outlets under the mark/name ‘THEOBROMA’ across the country. However, Theos shall be restrained to the Delhi-NCR region, insofar...

Indian Entity Invokes "Holy Trinity Of Hindu Gods" To Defend Trade Name In Delhi High Court But Fails, German Company Gets Interim Relief

The Delhi High Court recently dismissed the attempt of an Indian entity to invoke the holy Trinity of Hindu gods- Brahma, Vishnu and Mahesh- to justify the use of a mark which allegedly infringed a German medical equipment company’s “VBM” mark.While granting interim relief to the latter, bench of Justice C. Hari Shankar said,“The “Vishnu Brahma Mahesh” explanation is too facile to pass legal muster, besides being unsupported by any corroborative documentary evidence,” the court said.The bench...

Court Can't Return Finding Of Infringement Against Registered Trademark Holder Without Invalidating Its Registration: Delhi High Court

The Delhi High Court has ruled that it cannot returning a finding of infringement against the holder of a registered trade mark without invalidating its trademark registration in the first instance.The bench of Justice C. Hari Shankar was hearing a suit for infringement of trademark, where the defendants were subsequently granted registration of the impugned trademark. The court remarked that by operation of Section 23(1) of the Trade Marks Act, 1999, the registration dated back to 29th April...

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...

Delhi High Court Refuses To Rely On ChatGPT Responses In IPR Suit, Says AI Can’t Substitute Human Intelligence In Adjudicatory Process

Refusing to rely on ChatGPT responses in a suit filed by french luxury company Christian Louboutin over its unique “red sole” shoes design, the Delhi High Court has said that artificial intelligence cannot substitute either human intelligence or humane element in the adjudicatory process.“Accuracy and reliability of AI generated data is still in the grey area. There is no doubt in the mind of the Court that, at the present stage of technological development, AI cannot substitute either the human...

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...