HIGH COURT JANUARY 2025 WEEKLY ROUNDUP| Stories on Bhupendrasinh Zala; Police Protection to Live-In Couple; WIPRO’s Trade Mark; Rangarajan Narasimhan; and more
A quick legal roundup to cover important stories from all High Courts this week.
Delhi High Court
Delhi High Court grants injunction in favour of Indian fashion designer Rahul Mishra against sale of counterfeit dresses
The plaintiff Rahul Mishra is a leading Indian Fashion designer based out of Delhi and is engaged in creating exquisitely and luxuriously designed and handcrafted fashion clothes/ apparels under his own fashion label ‘RAHUL MISHRA’.
Delhi HC grants ad interim injunction in favour of Novex Communications to restrain ‘Romeo Lane’ owner from infringing copyrights in sound recordings
The Court restrained all premises of Being FS Pacific Hospitality Pvt. Ltd. including ‘Birch by Romeo Lane’ from playing or using the sound recordings of Novex Communications Pvt. Ltd.
Delhi High Court issues specific directions on free medical treatment to rape, acid attack, and POCSO case victims/survivors by all public/private hospitals
‘Not providing required medical treatment to victim/survivor of sexual offence is a criminal offence.’
Delhi High Court grants injunction in favour of Wipro Enterprises Pvt. Ltd. to restrain infringement of trade mark “WIPRO”
Wipro Enterprises Pvt. Ltd. had registered its well-known trade mark “WIPRO” and its formative trade marks in various classes under the Trade Marks Act, 1999.
Delhi High Court grants injunction protecting Saregama India’s copyrights in cinematic music
The continuous acts of infringement by Movie World Visual Media Private Limited are resulting in serious reputational loss and undermining the economic interest of Saregama India Limited vis-a-vis other licensees who have acquired proper license for valuable consideration of Saregama’s copyrighted works.
Delhi High Court restrains ‘JV Evergreen Sweets and Treats’ from infringing ‘Evergreen’ mark
The comparison of images of both names makes it abundantly clear that defendant 1 has copied the most distinctive part of the plaintiff’s mark, which is ‘Evergreen’. In the case of the defendant 1, the word ‘Evergreen’ has the prefix “JV” and the suffix “Sweets and Treats”, whereas in the plaintiff’s case, the word ‘Evergreen’ is followed by the word “Sweet House”.
Delhi High Court issues notice to Marico Ltd. in application to set aside injunction order against Alpino Health Foods Pvt. Ltd.
Allegedly, the entire premise of the advertisement campaign by Alpino Health Foods was to denigrate oats as a category of food, including Marico’s ‘Saffola Oats’.
Delhi High Court declines anticipatory bail to former IAS probationer Puja Khedkar
Puja Khedkar was alleged to have misrepresented information in her application for the UPSC Exam, 2022.
Delhi High Court grants ex-parte ad-interim injunction in favour of Mankind Pharma Ltd. to restrain infringement of trade mark
It was said that if no ex-parte ad-interim injunction is granted, Mankind Pharma would suffer an irreparable loss.
‘Period of sentence undergone ‘substantial’; Delhi High Court suspends sentence of POCSO accused
The accused was directed to be released on suspension of sentence after considering that the sentence awarded was for 3 years and he had already served 2/3rd of the same.
Delhi High Court grants interim protection to Moti Mahal; temporarily restrains its ex-franchisee from using Moti Mahal’s registered trade marks
Plaintiffs submitted that being the ex-franchisee, Defendant 1 was clearly aware of the ownership and notoriety of the ‘MOTI MAHAL’, ‘MOTI MAHAL DELUX TANDOORI TRAIL’, ‘TANDOORI TRAIL’ and their formative marks as well as the goodwill and reputation enjoyed by the plaintiffs related to the said trade marks.
Delhi High Court directs State to ensure safety and security of Amandeep Singh Batra after he received death threats
The Court expected the State to ensure adequate protection of the fundamental rights of Amandeep Singh Batra, including his right to life and liberty.
Delhi High Court quashes departmental proceedings against CRPF personnel while denying rejection of his request for voluntary retirement
The Court directed for the CRPF personnel to be considered as having proceeded on voluntary retirement w.e.f. 30-06-2021.
Supreme Court enhances compensation to Rs. 50.8 Lakhs for mental and physical disabilities suffered by minor in Motor Vehicle Accident
Supreme Court noted that the appellant will remain dependent on another person for the rest of her life. Even though the physical age will increase, her mental age will be that of a child studying in the 2nd Standard. Effectively, while her body grows, she will remain a small baby.
‘Union expected to be more careful while giving reasons to candidates for not being appointed’: Delhi High Court
‘Being careful while giving reasons to candidates for which they have not been appointed would help in avoiding such litigation which entails cost for candidates who may not be able to afford it.’
Delhi High Court upholds trade mark rights of Ganesh Grains over its ‘GANESH’ marks; directs cancellation of ‘GANESH HARA MATAR’ mark
“Petitioner has established that that it was the prior registered proprietor and prior user of the mark ‘GANESH’ and its other formative marks since 1936. The adoption and use of the mark ‘GANESH HARA MATAR’ by Respondent 1, is likely to create confusion in the market.”
Delhi High Court sets aside detention order on woman’s personal gold jewellery, Exempts ‘personal effects’ from customs duty
Personal jewellery which is not found to have been acquired on an overseas trip and was always a used personal effect of the passenger would not be subject to the monetary prescriptions incorporated in Rules 3 and 4 of Baggage Rules, 2016.
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.
‘Upon detecting fraud, bank has implied duty to exercise reasonable care and take prompt action’; Delhi HC directs SBI to compensate loss of Rs. 2.6 Lakhs incurred by cyber fraud victim
‘The Banking Ombudsman overlooked the key aspects of the matter and completely misdirected itself in law.’