injunction

delhi high court
Case BriefsHigh Courts

The World Cup matches form an important and integral part of the events over which the ICC exercises rights which have been licensed to Star India Private Limited. An injunction is called for in the present matter as these are one-day international matches and any delay in blocking the rogue websites would, result in considerable pecuniary loss and result in irreparable violation of the Broadcast reproduction rights.

delhi high court
Case BriefsHigh Courts

The present case highlights the precarious position in which artists, film producers, companies who manage rights in music, and others are placed due to the execution of multiple agreements in respect of the same work.

delhi high court
Case BriefsHigh Courts

“It may be useful for the Legislature to formulate a policy by which disputes related to rogue websites can be avoided, which are taking up time of the courts.”

delhi high court
Case BriefsHigh Courts

“The Court recognises the need to take stringent action as the application reveals that there is misuse of the domain names and the two logos – Crescent Logo Design and Hamburger Refresh Design Logo.”

bombay high court
Case BriefsHigh Courts

At this juncture, examining whether the petition filed before the NCLT can be said to be a ‘dressed-up’ petition, would necessarily require a detailed exercise to be carried out by this Court to render findings either way clearly impinging upon the exclusive jurisdiction of the NCLT in deciding such a question.

delhi high court
Case BriefsHigh Courts

The agreement between the parties is not a contract between an employee-employer or a manager-sportsperson contract, rather they are commercial contracts entered into between parties with equal bargaining power and for mutual commercial benefit. Thus, the agreements between the parties are neither ‘excessively one sided’ nor they impose a ‘bondage’.

glucon d and prolyte gluco d
Case BriefsHigh Courts

Delhi High Court grants injunction against Cipla Healthcare from using the marks Gluco-C or Gluco-D either by themselves or as part of the marks Prolyte Gluco-C ++ or Prolyte Gluco-D ++ being deceptively similar to the plaintiff registered marks GLUCON-C or GLUCON-D respectively.

delhi high court
Case BriefsHigh Courts

Delhi High Court observed that the composite mark CHINA BISTRO cannot be said to be lacking in distinctiveness, when seen as a whole, in the absence of any evidence or material to that effect led by Wow Momo Foods Limited.

puma rs-x 3d shoe design infringement
Case BriefsHigh Courts

The main grievance of the plaintiff is that defendant 2 has by adopting a trade dress for its BERKINS brand range of shoes which is nearly identical to the plaintiff’s RS-X range of shoes, sought to pass off its products as those of the plaintiff.

delhi high court
Case BriefsHigh Courts

“The comparison of the defendant’s and the plaintiffs’ marks will show that the defendant has not merely copied one mark or packaging but has deliberately adopted a series of marks, in packaging with almost identical colour combinations.”

calcutta high court
Case BriefsHigh Courts

Calcutta High Court restrained TMC respondents from carrying out a pre-planned “gherao” of the residences of the leaders of a particular political party.

bhaiyaji kahin injunction
Case BriefsHigh Courts

The term “BHAIYAJI” is a word of common use in certain states of India, including Uttar Pradesh and Bihar, and which literally translates into the word “brother” and is therefore, of a non-distinctive character.

delhi high court
Case BriefsHigh Courts

“The term ‘ZENITH’' even being a common English expression cannot be regarded as ‘publici juris’ in the context of services relating to education in dance.”

delhi high court
Case BriefsHigh Courts

“The rights ventilated in the plaint, that is, the right to privacy, the right to publicity and the personality rights which vested in Sushant Singh Rajput, were not heritable. They died with his death. The said rights, therefore, did not survive for espousal by the plaintiff.”

delhi high court
Case BriefsHigh Courts

The two competing marks “ISTAMET” and “INDAMET” are clearly structurally and phonetically similar, and when seen from the eyes of consumer of average intelligence having imperfect recollection, there are high chances of confusion and deception. Confusion surrounding the mode of administration of a drug can lead to misuse and potential health risks.

delhi high court
Case BriefsHigh Courts

The success of any student is the result of his hard labour and the infinite efforts he puts into the goal he has set to achieve. Therefore, dragging a child in a litigation driven by commercial interest between two competing coaching institutions claiming credit for the success of a child is an insult to his endless efforts and cannot be permitted.

Patiala House Courts
Case BriefsDistrict Court

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.

new balance mark
Case BriefsHigh Courts

The use of ‘NEW BALANCE IMMIGRATION’ as a part of its trade name by New Balance Immigration (P) Ltd. (defendant) is likely to deceive unwary consumers of their association with New Balance Athletics Inc (plaintiff).

high courts monthly roundup may
High Court Round UpLegal RoundUp

A quick legal roundup to cover important stories from all High Courts in May 2023

delhi high court
Case BriefsHigh Courts

The Court opined that whether a mark is common to trade or not is a question of fact. Similarly, a mark may be a trademark in some jurisdictions and ‘publici juris’ in others, but a mark that may be common to trade at one time may become distinctive over a period, or vice versa.