Bombay HC grants interim injunction in favour of Sketchers in trade mark infringement case against Wardrode
The adoption of plaintiffs’ trade marks and plaintiffs’ artistic works in relation to the impugned goods by defendants is dishonest.
Interim Injunction
Madras HC issues interim injunction against Annamalai Digital prohibiting defamatory publications about former Army personnel until next hearing
Madras High Court also directed the Media house to remove and delete the defamatory article published against the former army personnel.
Filing of written statement after expiry of 30 days can be accepted only if there is an application in writing for condonation of delay: Madras HC
If the power is given to do a certain thing in a certain way, the thing must be done in that way.
[Amul v. Amuleti] Delhi HC grants interim relief to Gujarat Co-operative Milk Marketing Federation Ltd; restrains Terre Primitive from using marks/logos similar to ‘AMUL’
The plaintiffs submitted that Defendant 1 is dishonestly using an identical and deceptively similar trade mark as that of the plaintiffs’, so that any ordinary consumer would be misled to believe that Defendant 1’s products are that of the plaintiffs or associated with or emanating from the plaintiffs.
Delhi High Court temporarily restrains Star Hospitality from using mark ‘SOCIAL’; grants interim injunction to Impresario Entertainment and Hospitality (P) Ltd.
“An average consumer with an imperfect recollection is likely to be deceived into thinking that the plaintiff has opened a new ‘SOCIAL’ outlet in Vadodara, Gujarat where the defendant is operating its outlet.”
Why did Delhi HC refuse to grant ICAI ad interim injunction against Netflix for staying release of series ‘Tribhuvan Mishra CA Topper’?
“It is a series which appears to be more in the genre of comedy, and merely describes the main character as a topper in Chartered Accountancy Examination. It is neither intended nor can be perceived to be derogatory to the profession of Chartered Accountancy.”
Delhi High Court grants interim injunction to Dr. Reddy’s in suit filed to restrain violation of trade mark “REBAHEAL”
Since the rival trade marks were visually and phonetically identical, it would cause confusion and deception amongst the general public, doctors, and chemists.
‘Registration does not confer immunity from challenges’; Delhi High Court grants interim injunction to prevent usage of trade mark ‘HUALI’
The Delhi High Court said that while trade mark registration offers statutory benefits, it does not obliterate prior common law rights established through actual use and accrued goodwill in the market.
Bombay HC discontinues ex-parte injunction granted to ATYATI against alleged device mark infringement by COGNIZANT
The Court opined that had the plaintiff disclosed the facts, about the knowledge of the date of usage of the logo, then the ad interim relief without notice would not have been granted to the plaintiff. Even otherwise, the Court opined that the plaintiff had suppressed the material facts.
‘No interim injunction for appeal filed at eleventh hour’; Delhi High Court dismisses application challenging “Yakshini” video adaptation by Disney+Hotstar
The Court dismissed an application for granting interim injunction as similarity of name cannot be the sole criteria, especially because it was a mythological character on which admittedly various works, movies and books are already available.
[Domino’s v. Donito’s] Delhi HC grants interim injunction to Dominos IP Holder for its mark Domino’s in relation to pizzas and burgers
The Court was satisfied that plaintiff 1 — Domino’s IP Holder LLC had made out a prima facie case for grant of an ex-parte ad interim injunction, as they were likely to suffer irreparable harm in case the injunction was not granted.
[RALEIGH v. RALLEYZ] Delhi High Court grants interim injunction to Swiss Bike Vertriebs for mark ‘RALEIGH’ in relation to bicycles
“Defendant’s mark ‘RALLEYZ’ is constituted in such a manner so as to phonetically sit remarkably close, if not together, and squeezed with, plaintiffs’ mark ‘RALEIGH’. It is clearly in the core zone of deceptive similarity, likely to cause confusion and likely to have an association with plaintiff’s mark.”
Use of “Dish” deemed non-infringing trademark; Delhi High Court rejects interim injunction against Prasar Bharti’s DD Free Dish
The word ‘DISH’ is a common English word which denotes Dish Antenna and cannot be described as a prominent or an essential feature of such nature so as to allow the plaintiff a monopoly over its use. The two products at dispute were “DD Free Dish” by Prasar Bharti (Doordarshan) and “Dish TV” by Dish TV India Limited.
Delhi High Court grants ex parte interim injunction against Geetanjali Salon in copyright infringement case
Delhi High Court held that the plaintiff, PPL India, established a compelling case of copyright infringement against Geetanjali Salon, the defendants, with a clear imbalance of convenience favoring the plaintiff’s protection of intellectual property, an interim injunction is granted to halt the defendants’ unauthorized use of copyrighted materials.
Delhi High Court grants ad interim injunction in favour of Mannat Group of Hotels for its mark ‘MANNAT’
The MANNAT DHABA and MANNAT logo has been registered by the Mannat Group of Hotels Private Limited for their Dhabas and eateries, located at Murthal on the Delhi-Chandigarh Highway.
Delhi High Court denies interim injunction to Khadi and Village Industries Commission in a trade mark infringement dispute
“The terminus ad quem, by which date the plaintiff has to prove the acquisition of the requisite goodwill and reputation for a plea of passing off to succeed, is the date of commencement, by the defendant, of the rival mark.”
Delhi High Court grants interim injunction to Phonographic Performance Limited in a copyright infringement dispute
“Forbearance from granting such relief would enable the defendants to continue exploiting the plaintiff’s copyright, which would result in irreparable prejudice to the plaintiff.”
Composite trade marks not to be dissected to determine deceptive similarity, comparison to be made as a whole: Delhi High Court
“The plaintiff's mark 
and the defendants' mark 
are composite trade marks, which imply that they are a combination of different elements, and their registration willd not grant an exclusive right in the word ‘d mart'.”
Delhi High Court denies interim injunction to Sun Pharma Laboratories for its drug ‘PANTOCID’
“Balance of convenience would, clearly not justify bringing the use, by the defendants, of the PANTOPACID mark to a complete halt, at this late stage.”
‘Polo/Ralph Lauren Co. failed to establish prima facie infringement’; Tis Hazari Court vacates interim injunction against Home Needs for use of mark ‘POLO Lifetime’
“Marks of plaintiff and defendant appear quite distinctive as except the word mark POLO there is no similarity. The defendant’s mark uses suffix ‘LIFETIME’ which is predominant whereas plaintiff’s mark uses suffix ‘Ralph Lauren’ and ‘picture of polo player’.”