'Duniyadari' Trademark Row | Delhi HC Orally Asks Zee To Reconsider Its News Show Logo; India Today Group Says 'Open To Talks'

The Delhi High Court on Wednesday heard India Today Group's suit alleging that Zee Media Corporation Limited has adopted a trademark for its news show 'Duniyadari [in Gurumukhi script ('ਦੁਨੀਆਂਦਾਰੀ')], which is deceptively similar to the Group's registered trademark used for a show on its digital platform 'The Lallantop'. After hearing both sides for about an hour, Justice Tejas Karia granted Zee Media time to file its reply and, in an oral observation, suggested that its counsel take...

'Priority Of Use' No Defence Against Trademark Infringement Unless It Predates Both Use & Registration By Plaintiff: Delhi High Court

The Delhi High Court has made it clear that priority of user is not a defence to an action for infringement of trademark unless the use of such mark by the defendant predates both the user as well as the registration of the asserted mark of the plaintiff.A division bench of Justices C. Hari Shankar and Om Prakash Shukla observed,“it is only if the defendant has been using the allegedly infringing mark, from a point of time prior to the registration as well as the user of the asserted mark of the...

'Defrauding Unsuspecting Users': Delhi High Court Grants John Doe Injunction Over Trademark Infringement Of Share Market App 'INDmoney'

The Delhi High Court has passed a john doe interim injunction restraining rogue websites and applications from infringing the trademark of share market and financial services app INDmoney.Justice Manmeet Pritam Singh Arora was prima facie satisfied that the defendant-entity, by making unauthorised use of the Plaintiffs' trademarks, has been luring unsuspecting users to invest monies with the said Defendant No. 1.“The actions of Defendant No. 1 are misleading unsuspecting customers, resulting in...

S. 18(5) MSMED Act | Supreme Court To Examine Whether Time Limit For Deciding Reference By Facilitation Council Is Mandatory

The Supreme Court has agreed to examine the issue of whether the 90-day time limit prescribed under Section 18(5) of the MSMED Act for resolving disputes by the Micro and Small Enterprises Facilitation Council (“Council”) is mandatory or merely directory. The bench comprising Justices Sanjay Kumar and SC Sharma issued a notice in a plea filed by one M/s Vast India Pvt. Ltd. challenging Bombay High Court's Division Bench's order which quashed the award passed by the Council in its favour stating...

Delhi High Court Passes Summary Judgment In Tata Power's Trademark Infringement Suit, Grants Dynamic Injunction Against John Doe Entity

The Delhi High Court recently passed summary judgment in favour of Tata Power in a suit filed against infringement of its trademarks, including Tata Power Solaroof and Tata Power EZ Charge.Justice Manmeet Pritam Singh Arora also granted dynamic injunction and permitted the company to implead and seek relief against any other John Doe entity found infringing its marks.Tata filed the suit against 18 infringing entities. The Court had in November 2024 granted an ex-parte ad-interim injunction in...

'Disproportionate': Delhi High Court Quashes ₹12 Lakh Cost On Vi-John For Delay In Responding To Dabur's Trademark Infringement Suit

Granting relief to Vi John Healthcare in connection with a trademark suit filed against it by Dabur for alleged infringement of its Meswak toothpaste packaging, the Delhi High Court set aside a cost of ₹12 lakh imposed on the former by the trial court.The costs were imposed in view of the trial court's previous order that any delay by Vi John in filing its Written Statement shall only be considered subject to a cost of ₹25,000/- for each day of delay.Justice Tejas Karia however observed that the...

Delhi High Court Grants Interim Relief To Cordelia Cruises In Trademark Infringement Suit Against Rishikesh-Based Hotel

The Delhi High Court has granted an interim injunction in favour of luxury sea and ocean cruise operator 'Cordelia Cruises', restraining a Rishikesh based hotel from operating under a similar name.Justice Saurabh Banerjee restrained 'Cordelia Inn' from using the said mark, stating that merely adding a prefix/ suffix (Inn in this case) to an existing mark does not make the offending mark any different/ distinct.The bench observed,“a comparison of the rival marks in issue reflects that the...

Delhi High Court Grants Interim Relief To Ching's, Restrains Local Manufacturer From Using 'Schezwan Chutney' Mark

The Delhi High Court has granted interim relief to Capital Foods Private Limited- known from the brand “Ching's”, and has restrained a manufacturer from manufacturing and selling products under the mark “Schezwan Chutney.”Justice Manmeet Pritam Singh Arora granted ex parte ad interim injunction in favour of Ching's and restrained the manufacturer- Pitambari Products Private Limited from dealing in any product or service bearing the mark 'SCHEZWAN CHUTNEY'.“It is clarified that the present...

MSME Framework Not A Shield Against SARFAESI Proceedings Unless Proactively Invoked : Supreme Court Clarifies 'Pro Knits' Judgment

The Supreme Court recently held that secured creditors and banks are not obligated to identify "incipient stress" in the accounts of MSMEs prior to classifying them as Non-Performing Assets (NPAs), unless the MSME borrower has explicitly invoked the 2015 RBI Framework for revival and rehabilitation. The Court clarified that MSMEs cannot belatedly rely on the Framework during the course of SARFAESI proceedings initiated by lenders following a default. Instead, it is incumbent upon the MSME to...

Delhi High Court Grants Relief To IP Holding Company Of Canadian Baseball Team Toronto 'Blue Jays' In Trademark Infringement Suit

Noting the global goodwill of 'BLUE JAYS' in connection with Canadian professional baseball team based in Toronto, the Delhi High Court ordered cancellation of 'BLUE-JAY' trademark registered in favour of a partnership firm in India.The IPR holding company of Major League Baseball was aggrieved of the use of 'deceptively similar' trademark on the apparel manufactured by the respondent-firm.While granting relief, Justice Saurabh Banerjee observed that the 'purpose' of adoption of the impugned...

'Reaping From Rival's Cultivated Soil Is Impermissible': Calcutta HC Grants Injunction To Exide Industries Against Infringement Of Trade Dress

While allowing an injunction application by Exide Industries limited against a competitior who was infriniging on its trade dress, the Calcutta High Court bench of Justice Ravi Kishan Kapur held," “The fact that an existing competitor in comparison to a new entrant in the market has deliberately, intentionally and in a calculated manner attempted to reap from the cultivated soil of a trade rival is impermissible.”Amara Raja Energy and Mobility Ltd. was restrained by the court from using a...

Delhi High Court Declares 'Nutella' As Well-Known Trademark, Says It Is Recognized All Across The Globe

The Delhi High Court has declared “Nutella”, a popular hazelnut cocoa spread, as a well known trademark, saying that it is recognized all across the globe and not just India. “This leaves no shadow of doubt that plaintiffs are well established in the markets all across the globe and are not mere fly by night operators. Their registered trademarks 'NUTELLA'/ and its variants are recognised all across the globe, including but not limited to India,” Justice Saurabh Banerjee said. The Court noted...