Delhi High Court Refers Elon Musk Owned Tesla's Trademark Infringement Suit Against Gurugram-Based 'Tesla Power India' To Mediation

The Delhi High Court has referred to mediation the trademark infringement suit filed by Tesla Inc., owned by Elon Musk, against a Gurugram-based company, Tesla Power India Private Limited and its US counterpart.“Accordingly, with the consent of both the parties, the matter is referred to Delhi High Court Mediation and Conciliation Centre, to be referred to Senior Mediator,” Justice Mini Pushkarna said in an order passed on July 04. The court directed both the parties to appear before the Delhi...

Courts Can Delve Into Examination Of Trademark Infringement In Execution Petitions, New Suit Not Needed: Delhi High Court

The Delhi High Court single bench of Justice Jasmeet Singh allowed an execution petition against the Defendants engaged in the infringement of the trademarks of Glaxo Group Limited, a biopharma company engaged in the production of vaccines. The High Court held that an executing court can delve into the merits of infringement to judge the violation of an original decree granting a permanent injunction to restrain the Defendants. Brief Facts: Glaxo Group Limited (“Glaxo”) filed a suit...

Bombay High Court Summons Patanjali Director In Trademark Infringement Case

The Bombay High Court has directed Patanjali Ayurveda director Rajnish Mishra to appear before it in connection with trademark infringement case filed by Mangalam Organics alleging that Patanjali infringed on packaging and trade dress of its camphor product.Justice RI Chagla was dealing with a contempt application by Mangalam Organics Ltd. against Patanjali Ayurved Ltd. and others for alleged breach of an ad-interim order dated August 30, 2023.Mangalam Organics Ltd. filed the original commercial...

Delhi High Court Grants Injunction To 'INFOSYS' Against 'Southern Infosys Ltd', Says Phonetic & Conceptual Similarity May Confuse Consumers

The Delhi High Court has recently clarified that minor procedural missteps that are adequately explained should not overshadow the merits of the case, particularly if there exists clear evidence of trademark infringement. Court said that visual or phonetic similarities may lead to consumer confusion.A single bench of Justice Sanjeev Narula observed that “the combination of visual, phonetic, and conceptual similarities between the marks, on a prima facie assessment significantly raises the...

Bombay High Court Grants Temporary Injunction In Favor Of Pidilite In Infringement Suit For Cement Container Design

The Bombay High Court recently granted ad interim injunction in favour of Pidilite Industries Limited (Pidilite) restraining Astral Limited (Astral) from infringing Pidilite's registered design of Coex plastic containers of its M-SEAL PV SEAL products. Justice Firdosh Pooniwalla held, “the Plaintiff has made out a prima facie case for grant of ad-interim reliefs in terms of prayer (a) of the Interim Application. If the injunction as sought in prayer (a) is not granted, then grave loss, harm and...

Delhi High Court Restrains Punjab Based 'Donito's' From Using Domino's Trademark While Selling Pizzas And Burgers

The Delhi High Court has recently restrained a Punjab based food chain “Donito's” from using the trademark of Domino's for selling pizzas and burgers. Justice Anish Dayal passed an ex-parte ad interim injunction in favour of Domino's pizza group of companies and directed Donito's to take down all references to its device marks in respect of Pizzas and Burgers from its domain www.donito's.in. The court also ordered various social media platforms like Facebook, Instagram, X, YouTube etc to take...

Delhi High Court Refuses Interim Relief To 'Forest Essentials' In Trademark Infringement Suit Against 'Baby Forest'

The Delhi High Court has dismissed the interim injunction plea filed by skincare and cosmetics brand Forest Essentials seeking to restrain another brand from using the marks “Baby Forest” and “Baby Forest- Soham of Ayurveda” while selling baby care products. Justice Anish Dayal observed that the word 'Forest' in itself is generic and Forest Essentials cannot claim dominance over the said part of their trademark, having not sought registration under Section 17 (2) of the Trademark Act.“For...

Delhi High Court Passes John Doe Order In Favour Of Indian Hotels Company Over Use Of 'Ginger' Trademark By 'Fraudulent Websites'

The Delhi High Court has passed a John Doe order in favour of Indian Hotels Company, part of the TATA group of companies, by restraining various “unknown fraudulent websites” using its registered trademark “Ginger” unauthorisedly for hotel bookings. Justice Sanjeev Narula issued a summons in the trademark infringement suit filed by the Indian Hotels Company against various unknown persons who contact unwary customers through their websites.Granting an ex ex-parte ad interim injunction, the court...

Delhi High Court Restrains Real Estate Company From Unauthorisedly Using Taj's Vivanta Trademark

The Delhi High Court has restrained a real estate company offering luxury flats and accommodations from unauthorisedly using “Vivanta” mark in a trademark infringement suit filed by The Indian Hotels Company which owns hospitality brand 'Taj'. Justice Sanjeev Narula issued summons in the suit filed against Shivgyan Developers Private Limited alleging that the company was using “SHIVGYAN VIVANTA” name for one of its housing projects. The Indian Hotels Company sued the company alleging that the...

Delhi High Court Seeks Flipkart's Response Over Tackling Misuse Of GST By Rogue Sellers

The Delhi High Court has directed Flipkart to investigate the issue of misuse of GST by rogue sellers on the e-commerce platform and sought its response on the steps which can be taken to ensure that the misuse does not take place on the website. “In replying to this, they will be cognizant of their own process and policy which is inter alia part of the 'Beginners Guide to selling on Flipkart' and disclose as to how are these implemented,” Justice Anish Dayal said. The court also...

Delhi High Court Issues Summons In Tesla's Trademark Infringement Suit Against 'Tesla Power India'

The Delhi High Court has issued a summons in a trademark infringement suit filed by Tesla Inc., owned by Elon Musk, against a Gurugram-based company, Tesla Power India Private Limited and its US counterpart. Justice Anish Dayal issued a summons to the Indian company and Tesla Power USA LLC and sought their written statements. The court also issued notice on Tesla's plea seeking interim relief in the suit and listed it for a hearing on May 22.Tesla filed the trademark infringement suit alleging...

Delhi High Court Rules In Favour Of Pfizer In 'Viagra' Drug Suit, Permanently Restrains Oil Manufacturer From Using 'Vigoura' Mark

The Delhi High Court has permanently restrained a homeopathic oil manufacturer from selling its products under the mark “Vigoura” after pharmaceutical company Pfizer accused it of infringing its registered trademark “Viagra” used for an erectile dysfunction allopathic drug. Justice Sanjeev Narula observed that the trademark “Viagra” is highly recognized by its name in the sphere of erectile dysfunction drugs and has also acquired national and global repute. “The Defendants or anyone acting on...