Justice Mini Pushkarna Archives

Delhi HC protects personality rights of renowned cardiac surgeon Dr Devi Shetty; temporarily restrains infringement of Narayana Health trade marks

It is submitted that Plaintiff 1 is a ‘celebrity’ and has a valid and enforceable personality right. He satisfies the dual test of personality rights, viz. having a valid and enforceable personality right on account of being a well-known reputed personality and the same is clearly identifiable in the infringing content uploaded by Defendants 1-8 and 13 on their social media accounts.

Case Briefs High Courts

Delhi HC provides relief to INOX India in Copyright Registration Appeal; directs Registrar of Copyrights to issue fresh Copyright Registration Certificate after rectification

The remarks mentioned in the Copyright Registration Certificate is that the artistic work shall not be used in relation to any goods or services and the copyright in artistic work should not subsist if the work was applied to an industrial process and reproduced more than fifty times.

Case Briefs High Courts

‘Amul is a well-known mark’; Delhi High Court restrains Bio Logic and Psychotropics India Pvt Ltd from using mark similar to ‘AMUL’

No plausible explanation was provided by the defendants as to why the trade mark ‘AMUL’ was adopted. No written statement was filed on behalf of the defendants. The conduct of the defendants highlighted their mala fide and dishonesty in adopting the same mark, as that of the plaintiffs’.

Case Briefs High Courts

Delhi High Court cancels trade mark ‘LI’L MONSTER’ to protect the Intellectual Property Rights of Monster Energy Co.

The trade mark ‘MONSTER’ had been adopted by Monster Energy Co. in 2002 in the United States of America.

Case Briefs High Courts

[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.

Case Briefs High Courts

Delhi High Court imposes Rs. 5 lakhs costs on a website for using copyrighted photographs/images of Louis Vuitton without authorization

The Court stated that the defendants shall continue their business of pre-owned goods of the plaintiff. However, the defendants shall conspicuously display on their website that the goods sold by them, are certified pre-owned goods of the plaintiff.

Case Briefs High Courts

Delhi High Court directs ‘Andaaz-E-Nizaam’ restaurant to change name in Trade Mark infringement plea by ‘Nizam’s

Section 47 of the Trade Marks Act, 1999 provides for taking a registered trade mark off the Register on account of non-use of the trade mark.

Case Briefs High Courts

Delhi HC grants interim relief to Falcon Autotech against Chinese Entity

“Perusal of the affidavit filed by the director of the Indian company of the defendant, categorically shows that it has been stated in categorical terms that the company has been inoperative since its incorporation rendering the same as being ‘Defunct’.

Case Briefs High Courts

Delhi High Court grants interim injunction against shops from unauthorised use of brand name ‘Peter England’ outside their shops

The brand ‘Peter England’ was introduced in 1997 and later acquired by Aditya Birla Fashion and Retail Ltd. in 2000.

Case Briefs High Courts

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.

Case Briefs High Courts

Delhi High Court directs Emami Ltd. to deposit Rs. 10 Lakhs for infringing Saregama India’s copyright on song ‘Udi Jab Jab Zulfein’

The rights of the impugned song ‘Udi Jab Jab Zulfein’ from the film ‘Naya Daur’ had been assigned to Saregama India Ltd. by BR Films, the original producer of the film.

Case Briefs High Courts

[Clean Slate Basis] Delhi HC sets aside assessment order pertaining to previous liability against corporate debtor issued after NCLT Chennai concluded the CIRP

The Court stated that once the resolution plan was approved by the COC, it should be binding on all the stakeholders. Thus, the successful resolution applicant starts running the business of the corporate debtor on a fresh slate.

Case Briefs High Courts

Delhi High Court directs State Bank of India to provide all documents forming basis of the Show Cause Notices issued to Educomp Solution

The Delhi High Court emphasised that if the relevant documents are not provided to a party, the whole procedure of issuance of Show Cause Notice would be reduced to an empty formality.