
damages


Delhi High Court refuses interim relief to ArcelorMittal Nippon Steel seeking supply of LNG from GAIL in November 2023
The procurement of LNG may become onerous as had happened in August and December 2022 but no irreparable loss and injury would result to the ArcelorMittal Nippon Steel.

Decoding Allahabad High Court verdict on applicability of doctrine of severability on arbitral awards
“Section 34 confers power on the court to set aside an award, the power could be exercised to set aside any or all such awards, whether composite, interim, final or additional”

Delhi High Court| Delay in the handing over of the Right of Way is a material breach of contract if it affects the issuance of the Completion Certificate
The Court is not meant to act as a Court of first appeal and cannot supplant its view over that of the Arbitral Tribunal.

Delhi High Court imposes Rs. 20 lakhs damages on rogue websites for illegally streaming the film ‘Brahmastra Part One: Shiva’
“Piracy of cinematograph films is one of the biggest causes for losses in the film industry. Thus, various legislative steps have been taken to curb piracy and recently, amendments have been carried out in the Cinematograph Act, 1952 to deal with piracy in a much stricter manner.”

Never Reported Judgment | When contract is not for delivery of goods in installments, supplier cannot treat non-payment of goods as ground for non-delivery of balance goods [1951 SCC 267]
This report covers the Supreme Court's Never Reported Judgment dating back to the year 1951 on breach of contract.

[Boeing 777-212] Singapore Court of Appeal explains role of Courts in evaluating factual vis à vis expert evidence for calculating damages
CoA dismisses appeal against SICC Judge’s decision regarding the calculation of damages for breach of an aircraft purchase agreement.

Landlord cannot refuse to take over possession of suit property upon determination of lease on pretext of damage to the property; Patiala House Court reiterates
The landlord was offered the possession of the suit property which was refused by him on the pretext of damage to the suit property, whereas no evidence has been adduced by him about damage to the suit property except his bald statements.

Delhi High Court grants permanent injunction to the mark ‘VOLVO’ and awards Rs. 10 lakhs damages and costs
The Delhi High Court observed that ‘VOLVO' mark was blatantly infringed as branded stickers and infringing products bearing the said mark were found on the premises of the defendant.

‘Blatantly infringed Louis Vuitton marks’; Delhi High Court grants permanent injunction and imposes Rs. 9.59 lakh costs on the manufacturers for selling counterfeit goods
The Delhi High Court opined that the defendants took unfair advantage of the reputation and goodwill of Louis Vuitton (LV) marks and deceived the unwary consumers of their association with the LV marks.

Delhi High Court grants permanent injunction to SanDisk LLC for its trade marks ‘SanDisk’ and ‘Cruzer Blade’; awards Rs. 5 lakhs as damages
The Delhi High Court granted permanent injunction to SanDisk LLC for its trade mark ‘SanDisk’ and ‘Cruzer blade’. Additionally, Rs. 5 lakhs were awarded as damages.

Why Delhi High Court upheld the award of damages passed by Single Judge on account of mental agony and harassment in the case of a commercial contract?
All that the respondent wished for was a better roof over the head of his family. It was for this objective that the collaboration agreement was devised, but the appellant subjected the respondent to undue harassment on account of his illegal designs which led to the registration of the FIR, and the respondent had to run from pillar to post due to the direct acts of the appellant. Such circumstances do warrant awarding of damages on account of mental agony and harassment.

Delhi High Court grants permanent injunction to RPG Enterprises Ltd. for its mark ‘RPG’ in a trade mark infringement suit; awards Rs. 3 lakhs as damages
The Delhi High Court granted permanent injunction to RPG Enterprises Ltd. for its mark ‘RPG’. Further, RPG Developers (P) Ltd. were restrained from offering/rendering any services using the impugned trade mark ‘RPG’ and/or ‘RPG DEVELOPERS’ and/or artistic work which was a colourable imitation of the plaintiff’s artistic work or any other trade mark/artistic work deceptively similar to the ‘RPG’ marks of the plaintiff. Additionally, Rs. 3 lakhs were awarded as damages to the plaintiff.

Delhi High Court grants permanent injunction to Microsoft Corporation and awards damages of Rs. 20 lakhs in a 12-year-old copyright infringement suit
Microsoft filed the present suit for permanent injunction against the defendants restraining them from directly or indirectly reproducing/storing/installing and/or using pirated/unlicensed software programmes, thereby infringing the copyright in the plaintiffs’ computer programmes/software titles.

Delhi High Court grants Rs. 2 Crore damages to Adobe in a trade mark infringement suit against a cyber squatter
The Delhi High Court, in a suit for trade mark infringement by a habitual cyber squatter, Namase Patel over Adobe’s marks ‘ADOBE’, ‘PHOTOSHOP’ and ‘SPARK’, granted Rs. 2 Crore as damages to Adobe.

Delhi High Court grants permanent injunction along with 2 lakhs damages in favour of eBay in a trade mark infringement suit
Delhi High Court: In a suit for permanent injunction restraining the defendants from using the mark ‘Shopibay’ which was similar

Delhi High Court awards 2 lakhs damages and over 13 lakhs legal fees in favour of Starbucks in trademark infringement case
Delhi High Court: In a suit for permanent injunction restraining the defendants from infringing and/or passing off the Starbuck’s registered

Delhi High Court awards Rs. 20 lakhs costs to Louis Vuitton in a trade mark infringement case against Club Factory
Delhi High Court: In a case where Club Factory was involved in the sale of various unauthorized/ counterfeited products, bearing

Delhi High Court restrains company selling keychains and baggage tags having VISTARA marks online; Raises security concerns and directs damages of Rs 20 lakh
Delhi High Court: In a case filed by Tata Sia Airlines (‘plaintiff') seeking decree of permanent injunction against company selling

Delhi High Court injuncts Royal Champ from using Royal Stag/ Seagram marks; Similar label also amounts to copyright infringement; Directs Rs 20 lakh as damages
Delhi High Court: In a case where permanent injunction was sought against use of Royal Champs, a Gwalior Distilleries Private Limited product