Delhi High Court Orders Food Joints To Pay ₹5 Lakh Damages To 'Veerji Malai Chaap Wale' Restaurant Over Trademark Infringement

The Delhi High Court has awarded Rs. 5 lakh as costs and damages to famous Veerji Malai Chaap Wale restaurant in its trademark infringement suit against various eateries and food delivery joints. While the matter was settled with one of the defendant eateries, Justice Amit Bansal noted that the other five food joints did not appear before the Court and thus, their conduct not only warranted but also necessitated imposition of both costs and damages. “Thus, in addition to the decree passed in the...

Limitation Act Won't Apply To Conciliation Process Under MSMED Act, But Applies To Arbitration : Supreme Court

The Supreme Court settled an important legal issue regarding the recovery of time-barred payment claims by Micro, Small, and Medium Enterprises (MSMEs) suppliers from large buyers under the MSMED Act. The Court held that while MSME suppliers may pursue time-barred debts through conciliation proceedings under the Act, such claims cannot be enforced through arbitration, as the Limitation Act applies to arbitration proceedings initiated under the MSMED framework. The Court reasoned that the...

Delhi High Court Issues Summons On Trademark Infringement Suit By Footwear Brand Campus Against Apparel Brand Campus Sutra

The Delhi High Court has issued summons on a trademark infringement and passing off suit filed by footwear brand Campus against online apparel wear brand Campus Sutra.The dispute primarily pertains to standalone usage of mark 'Campus' by the latter.Justice Amit Bansal has asked the company to file its reply within four weeks and has listed the matter on November 10.Meanwhile, Campus Sutra has undertaken not to use the mark 'CAMPUS' on a stand-alone basis, in respect of any of its products.Senior...

Madras High Court Issues Notice To Actor Vijay In Trademark Infringement Suit Against His Party's Flag

The Madras High Court has issued notices to Actor Vijay and his party, “Tamilaga Vettri Kazhagam”, on a trademark infringement suit filed challenging the TVK party's flag. Justice Senthilkumar Ramamoorthy has issued notices to the actor and his party on a petition filed by G.B. Pachaiyappan, trustee of the Thondai Mandala Saandror Dharma Paribalana Sabai. The case has been posted to July 29. The plaintiff argued that the flag of Vijay's TVK party was deceptively similar to that of...

Delhi High Court Issues 'Real Time' Injunction Restraining Entities From Misusing Reliance's Tira Trademark To Commit Financial Scams

The Delhi High Court has issued interim directions restraining infringement of Reliance Retail's Tira trademark in the beauty and personal care sector and its misuse to commit financial scams.Noting that the defendant had been employing numerous rogue mobile numbers to hide the true identity of the entity(s) involved, Justice Saurabh Banerjee granted real time relief to the plaintiff against any rogue mobile numbers that may be discovered by it subsequently.“The facts disclose that the acts of...

'Triple Identity Test Satisfied': Delhi High Court Restrains Infringement Of Johnson & Johnson's ORSL Trademark, Awards ₹1.2 Cr Damages

The Delhi High Court today (July 15) awarded Rs. 1,21,56,864 cumulative damages to pharmaceutical multinational Johnson & Johnson over infringement of its ORSL trademark.ORS-L (later changed to ORSL) is a range of flavoured electrolyte drinks first introduced by Jagdale Industries Limited in 2003.Johnson & Johnson acquired the brand and its formative marks back in November 2014.The company had approached the High Court on the ground that the defendant's ERSI mark is deceptively similar...

Delhi High Court Provides Interim Relief To Jio & Reliance, Orders E-Commerce Platforms To Delist Counterfeit FMCG Goods

The Delhi High Court has ordered e-commerce platforms like Amazon and Flipkart to temporarily delist pages of as many as 21 sellers offering counterfeit products in the FMCG sector by misusing Reliance and Jio trademarks.Stating that the dispute involves edible products and misuse of brand name may risk consumer safety, Justice Saurabh Banerjee held that a “a more cautious and stringent approach” has to be adopted in the case.“Since the present dispute involves edible product i.e., poha, which...

Delhi High Court Awards ₹8 Lakh In Favour Of Puma In Trademark Infringement Suit Against Counterfeit Products

The Delhi High Court has awarded Rs. 8 lakh in favour of footwear brand Puma in its trademark infringement suit against an individual manufacturing counterfeit products. Justice Saurabh Banerjee said that Puma's trademarks are well-known and that due to its long usage and association coupled with recognition, Puma and its trademarks call for a higher degree of protection, more so, when it was susceptible to acts of piracy or counterfeiting.Noting that the defendant was proceeded ex parte...

Himachal Pradesh High Court Restrains Sale Of "Old Mist" Coffee-Flavoured Rum In Trademark Infringement Suit By "Old Monk" Brand Owners

The Himachal Pradesh High Court has granted an ex parte ad interim injunction in favour of Mohan Meakin Limited, the owner of Old Monk/Old Monk Coffee. The Court restrained Eston Roman Brewery & Distillery Pvt. Ltd from selling its coffee-flavoured rum under the mark “OLD MIST ”, till further orders, finding that the product was substantially similar to the plaintiff's registered trademark.Justice Ajay Mohan Goel held: “Prima facie it appears that there is an infringement of the trade...

Delhi's Swagath Restaurant Moves High Court Against Telangana-Based Hotel Chain Alleging Trademark Infringement

Delhi's popular restaurant chain has moved the Delhi High Court against a Telangana-based hotel group alleging trademark infringement over the use of the name 'Swagath'.Justice Amit Bansal issued notices on both the restaurant's suit and interim injunction application, as well as the Rectification Petition seeking cancellation of the hotel group's trademark.M/s Swagath runs hotels on a franchise basis in New Delhi and adjoining areas. M/s. Hotel Swagath claims to be operating since 1991 across...

Delhi High Court Passes John Doe Order In Favour Of Birkenstock, Orders Local Commissioners To Inspect Infringers' Premises

While passing a john doe order in favour of footwear brand Birkenstock, the Delhi High Court has ordered inspection by local commissioners on the premises of infringer entities. Justice Saurabh Banerjee restrained the defendants or distributors or sellers or importers or exporters or franchises from selling or marketing or dealing in the products bearing “Birkenstock” trademark or its trade dress. The Court passed the order in an interim injunction application moved by Birkenstock in its...

'Family Of Marks' Concept Not Expressly Recognised Under Trademarks Act, But Can Be Applied To Injunct Specific Marks: Delhi High Court

The Delhi High Court has held that though the Trade Marks Act 1999 does not expressly recognise the concept of a 'family of marks' however, the same is judicially developed and can be invoked by a registered trademark owner to seek injunction against specific marks.A division bench of Justices C. Hari Shankar and Ajay Digpaul ruled,“When an entity is the proprietor of a number of registered trademarks containing a common prefix or suffix, or a common first or second word, any other mark by a...