Can a film be protected from piracy before its release? Delhi HC on “Drishyam: The Conclusion”
The Court held that nature of the injury, which the plaintiff may likely to suffer, might not be remedied in terms of money.
injunction
Delay alone doesn’t defeat urgent interim relief: Bombay HC restores suit rejected under Section 12-A Commercial Courts Act
The High Court held that the enquiry under Section 12-A(1), Commercial Courts Act is limited to whether the suit genuinely contemplated urgent interim relief and that the plaint must be examined holistically without adjudicating the merits of the interim relief.
From Fake Quotes to Fake Merchandise: Delhi High Court Protects Yuvraj Singh’s Persona Against AI Misuse
The Delhi High Court restrained unauthorised use of Yuvraj Singh’s name, image, voice and likeness, including through AI-generated content, deepfakes and commercial exploitation.
Delhi High Court directs Google and Tamil Weekly “Nakkheeran” to remove 44 additional videos in Isha Foundation Defamation Suit
The present application arose because the earlier order did not expressly refer to 39 short videos and 5 English-language videos that were mentioned in Para 10 of the plaint, although according to Isha Foundation these videos formed part of the original cause of action and contained content substantially identical to the impugned videos already directed to be taken down.
Supreme Court: High Court Cannot Substitute Mandatory Injunction with Compensation When No Such Relief Is Claimed
Supreme Court held that a High Court cannot substitute a decree of mandatory injunction with monetary compensation in a second appeal when such relief was neither sought nor consented to by the plaintiff.
Delhi HC Upholds Injunction in Favour of Saregama India Against Ilaiyaraja in “En Iniya Pon Nilave” Copyright Dispute
The Delhi High Court has upheld the interim injunction in favour of Saregama India, holding that while Ilaiyaraaja retains independent copyright in the musical composition of “En Iniya Pon Nilave” under Section 13(4), Copyright Act, he had no rights over the lyrics or sound recording.
Can Civil Court Adjudicate Disputes Challenging Determination or Alteration of Municipal Limits? Supreme Court Answers
The Court noted that the Panchayat had allowed administrative arrangements to continue for years without challenge, which militated against granting declaratory relief.
“MARQ” v. “MARC”: Delhi High Court affirms interim injunction in Trade mark dispute involving Flipkart
Minor differences and addition of house mark cannot outweigh phonetic and structural similarity between competing marks.
Bombay HC: “Kataria” surname protected under S. 35, Trade Marks Act; Injunction restraining Kataria Insurance Brokers set aside
“The appellant’s mark is not registered, but it is using the mark ‘Kataria’ being its surname with continuity and have encashed upon it by creating a business world by use of the goodwill of their forefathers/predecessors and are banking upon the same.”
Bombay HC protects Shatrughan Sinha’s personality rights; Orders removal of AI-generated deepfake content
“The concept of personality right has gained momentum by reason of unauthorised exploitation on digital platforms and social media for commercial gain, which often results in tarnishing or damaging the personality rights of an individual and more often of a renowned and well-known personality.”
Madras HC: Single appeal maintainable against common judgment in suit and counter-claim, provided proper court fee is paid
“A prior purchaser not impleaded in a suit for specific performance cannot seek cancellation of the decree but is entitled to a declaration that such decree is not binding on him, along with the consequential relief of injunction.”
S. 159(5) provide no shield against infringement of well-known trademark; Bombay High Court restrains use of “FEDEX” as corporate name
“Where explanation for adoption of the mark is not honest and there are two different versions with different reasons and which reasons themselves are not proved, such explanation should be disregarded on the principle that things speaks for themselves.”
Delhi HC grants injunction restraining infringement of ‘HIMALAYA’ mark
“The plaintiffs are the prior adopters and long-standing users of the subject mark ‘HIMALAYA’ since 1930 in connection with ayurvedic, wellness, pharmaceutical and personal care products.”
Delhi HC protects well-known trade mark ‘GOLD FLAKE’; restrains use of mark ‘GOLD FLAME’ in sale of cigarettes
“Substituting ‘K’ with ‘M’ to form ‘GOLD FLAME’ from ‘GOLD FLAKE’ does not make the competing Marks dissimilar. A consumer of average intelligence and imperfect recollection or not well-versed in English would be unable to distinguish between the competing products.”
The Rare Case of Special Equities in Arbitration
by Sugandh Kochhar* and Sohini Mukerjee**
Once dispute is referred to mediation and settlement is reached, Trial Court cannot refuse decree: Orissa High Court
“The disputes between the neighbours relating to the easementary rights are clearly mentioned as being suitable for mediation.”
Allahabad HC: No relief to Jamp India, VS International over copyright infringement of Jubilant Generic’s Product Dossiers
“Once copyright infringement is the core relief, incidental or ancillary reliefs, whether based on confidentiality, trade secrets, or passing off, do not affect maintainability of the suit as a whole.”
Delhi High Court restrains creation of third-party rights in property dispute; holds that subject property must be preserved pending adjudication
The Court noted that the subject property deserves preservation till the appeal is decided.
Can infringement action be filed against a registered trade mark? Delhi HC answers
“Where two persons may be registered proprietors of marks, which are identical or deceptively similar to each other, neither person would be allowed to interfere with the exclusive right of the other person to use the mark, though each of them would have a right of injunction against a third party, who may not be a registered proprietor of the mark.”
Delhi High Court restrains astrologer Umang Taneja from posting videos defaming Trishla Chaturvedi
Umang Taneja had posted videos on YouTube and Instagram disparaging Trishla Chaturvedi by accusing her of practicing black magic and being a drug abuser.