HIGH COURT JANUARY 2025 WEEKLY ROUNDUP | Stories on Kareena Kapoor’s Copyright Infringment; Ladki Bahin Scheme; Bhopal Gas Tragedy Cleanup; and more
A quick legal roundup to cover important stories from all High Courts this week.
injunction
Read why Delhi HC issued injunction against Telugu Actor Manoj Manchu and media outlets in defamation case filed by Vinay Maheshwari
“The claims made by the Manoj Manchu not only have the effect of tarnishing the credibility of Vinay Maheshwari as a respectable member of society but may further encourage the other individuals and media platforms to spread the defamatory content further. It may lead to widespread public dissemination and lasting damage to his image.”
Delhi High Court grants injunction in favor of New Balance Athletics against local shoe company for trademark infringement
The present suit seeks a permanent injunction against trademark infringement, passing off, and unfair competition arising from the sale of footwear featuring marks that are nearly identical or deceptively similar to the plaintiff’s established N Device and 550 marks.
Delhi High Court grants injunction in favor of Yahoo Inc. against trademark infringement by ‘YAAHOO!’ Mouth Freshener
Yahoo Inc.’s investigation revealed that the defendant was producing a mouth freshener under the name “YAAHOO! Mouth Freshener.” that closely resembled the established trademark “YAHOO!”, leading to allegations of trademark infringement and passing off.
Delhi High Court grants interim injunction against T-Series from using “Aashiqui” title in their proposed film
The term “Aashiqui” does not describe the general category of goods or services (films) but instead functions as a distinctive brand identifier for the Aashiqui Franchise.
Delhi High Court grants interim injunction in favour of Jindal India Limited for infringement of its “JINDAL” marks
In January and June 2024, the Jindal India Limited discovered that the defendant, Rawalwasia Steel Plant Private Limited, had adopted a similar trademark “HINDJAL HISAR” for galvanized and black steel tubes and pipes.
Madras High Court stops re-release of Kamal Hassan starrer movie ‘GUNAA’ due to copyright infringement claims
Madras High Court said that the applicant has made out a prima-facie case for grant of ad-interim injunction as prayed for in this application
NCLT restrains Byju’s from utilising funds collected on second rights issue until disposal of mismanagement petition
The NCLT ordered the respondents to maintain the status quo regarding existing shareholders and their shareholding.
[ICC T20 World Cup 2024] Delhi High Court grants dynamic + injunction to protect broadcast rights of Star India
The Delhi High Court said that the dynamic nature of the digital landscape necessitates that court orders are not static but evolve in tandem with technological advancements and challenges posed by the virtual domain.
Delhi High Court grants ‘Dynamic+ Injunction’ in favour of Universal Studios to protect its copyrighted works
The Court found it fit to grant a Dynamic+ injunction to keep up with the hydra-headed nature of the infringement actions of the websites.
[SPARX v HRX] Delhi High Court refuses injunction against Hrithik Roshan’s XS Brands Consultancy for using mark ‘X’
Plaintiff’s X mark is derived from their ‘SPARX’ logo and has been used in a standalone form in relation to its footwear products sold under the ‘SPARX’ brand. Plaintiff’s grievance is against the defendants who started using defendants’ X mark, which was deceptively similar, for footwear as well, being identical goods.
‘Fair and Handsome’ v. ‘Glow and Handsome’; Calcutta HC rules in favour of Emami in Passing Off Dispute Against Hindustan Unilever
Unfair advantage through conscious adoption of a competitor’s mark leads to potential confusion and deception”
‘Right to use one’s name on one’s goods cannot be compromised’; Delhi HC denies injunction to Jindal Industries for mark ‘JINDAL’ against mark ‘RN JINDAL SS TUBES’
“The risk of having others bona fide using ‘JINDAL’ as a name for their products, and in the marks used on their products, is a risk that plaintiff consciously took, when it obtained registration of the mark ‘JINDAL’.”
Delhi High Court dismisses defamation suit against Senior Advocate applying Doctrine of Absolute Privilege
“While one cannot quibble with the broad proposition that a person, while exercising his right to free speech, cannot make reckless utterances, which tantamount to defaming another person, it has certain exception like utterances made during Parliamentary or Judicial proceedings.”
[GOLD STEP v. GOLD FLAKE] Delhi High Court grants ad-interim injunction to ITC Ltd for its mark ‘GOLD FLAKE’ in relation to cigarettes
“Since defendants are using different marks on outer packaging of the impugned products and identical roundel devices on the individual cigarette sticks, the Local Commissioner is permitted to open cigarette packs to inspect the logos/devices on the individual cigarette sticks.”
Delhi High Court grants interim injunction to TiE Inc for its mark ‘TIE’/ ‘TiE Global’/ ‘THE INDUS ENTREPRENEUR’
“Balance of convenience lies in favour of plaintiff, and they are likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.”
Delhi High Court dismisses plea to grant injunction to Lotus Herbals for mark ‘Lotus’ against Deepika Padukone’s brand ‘Lotus Splash’
“The products are completely dissimilar in appearance with a wide difference in the prices of the products. A consumer who uses such products would be aware of the difference between ‘Lotus Splash’ and plaintiff’s lotus family of products.”
Delhi High Court restrains Gujarat-based AAJ TAK WATCH NEWS from using India Today Group’s popular mark AAJ TAK
The defendant was broadcasting on a YouTube Channel, as well as publishing a newspaper in the name of “AAJTAK WATCH”, through the State of Gujarat.
Delhi High Court grants ad interim injunction in favour of Mannat Group of Hotels for its mark ‘MANNAT’
The MANNAT DHABA and MANNAT logo has been registered by the Mannat Group of Hotels Private Limited for their Dhabas and eateries, located at Murthal on the Delhi-Chandigarh Highway.
‘Court has power to grant mandatory injunctions at interlocutory stage’; Calcutta High Court directs demolition in violation of injunction order
The Calcutta High Court reiterated that the court, in exercising equitable jurisdiction, has the power to remedy wrongful acts, especially when there is a violation of a restraint order.