Delhi High Court
Case BriefsHigh Courts

The infringing materials found on the site of the defendant are counterfeit goods of the plaintiff’s products, affixed with the plaintiff’s registered marks. A clear indicative of the counterfeiting activity towards the plaintiff’s products, are the observations and photographs as attached by the Local Commissioner in its report.

Delhi High Court
Case BriefsHigh Courts

Defendant 3 has taken unfair advantage of the reputation and goodwill of the plaintiff’s trade marks/artistic works and has also deceived the unwary consumers of their association with the plaintiff by dishonestly adopting the plaintiff’s registered marks/labels without any plausible explanation.

Delhi High Court
Case BriefsHigh Courts

It is manifest that defendant 1 had direct knowledge of the plaintiffs’ RAMADA brand at the time of adoption of the impugned mark. The defendant’s justification for adopting the mark ‘RAMADA’ is an afterthought, and lacks bona fide intent, as it fails to provide any tenable rationale for its selection.

Delhi High Court
Case BriefsHigh Courts

The petitioner has filed an affidavit of the authorized representative of an independent investigating agency to support its averments regarding non-use of the impugned mark by Respondent 1 in relation to the services in class 35 for nearly 8 years up to the date of filing of the present petition.

Delhi High Court
Case BriefsHigh Courts

“In a large number of customs matters, the Counsels are either not appearing or appear without proper instructions. In cases of non-appearance, the Court is compelled to request Standing Counsels present in Court to accept notice. This reflects a clear lack of coordination between the Department and the learned panel of Standing Counsels. Such a practice is highly undesirable and leads to gross wastage of judicial time.”

Delhi High Court
Case BriefsHigh Courts

Since the Call Detail Records and location data have only been ordered to be preserved and not disclosed, there is no basis for the petitioner’s apprehension that this would provide an undue advantage to the defence. The direction simply ensures that potentially relevant evidence is not lost due to automatic deletion.

Delhi High Court
Case BriefsHigh Courts

On perusal of the arrest memo shows that though there is column providing for ‘reasons of arrest’ against which it is stated “for the purpose of fair investigation” but neither there is column for ‘grounds of arrest’ in the arrest memo nor it is the case of the prosecution that the ‘grounds of arrest’ were separately served upon the present petitioner at the time of his arrest.”

Delhi High Court
Case BriefsHigh Courts

The act of the defendants of playing the sound recordings in their restaurants/bars, for which the plaintiff holds the copyright would, on a prima facie view, amount to infringement of the plaintiff’s copyright in terms of Section 51 of the Copyright Act, 1957.

Delhi High Court
Case BriefsHigh Courts

It is unfortunate that despite directions from Supreme Court and this Court, the trial has not yet concluded. This was unacceptable, considering that such directions were passed while disposing of the bail application, and the accused is in judicial custody for over 10 years. Such prolonged delay in compliance with judicial directions defeats the very purpose of directing expeditious trial.

Delhi High Court
Case BriefsHigh Courts

Upon careful comparison of the plaintiff’s trade dress and that of the defendants, it became apparent that the overall colour scheme, get-up and layout of the defendants’ impugned packaging is nearly identical to that of the plaintiff’s trade dress.

Delhi High Court
Case BriefsHigh Courts

While this court does not fault the Trial Court for attempting to proceed with the trial expeditiously, but, denying to the petitioner (‘accused’) the right to cross-examine the Head Constable on an issue which is critical to his defence appears to have been a disproportionate sense of expedition.