Here’s why Calcutta High Court stayed TMC’s proposed Political Protest and ‘Gherao’
Calcutta High Court restrained TMC respondents from carrying out a pre-planned “gherao” of the residences of the leaders of a particular political party.
injunction
Delhi High Court| TV 18 Broadcast Limited has no exclusive rights over the word “BHAIYAJI” in its popular show “BHAIYAJI KAHIN”
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 grants interlocutory injunction in favour of Zenith Dance Institute (P) Ltd. for its mark ‘ZENITH’
“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.”
‘Privacy, publicity and personality rights not heritable’; Delhi High Court refuses to stay “Nyay : The Justice” movie based on Sushant Singh Rajput
“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 restrains Glemark Pharmaceuticals from using “INDAMET” mark; grants injunction to Sun Pharma for its mark “INSTAMET”
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.
Dragging a child in litigation driven by commercial interest between two competing coaching institutions cannot be permitted; Delhi High Court refuses relief to Fitjee Limited
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.
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 New Balance Athletics for ‘NEW BALANCE’ mark and ‘NB’ device mark
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 COURT MAY 2023 ROUNDUP| Stories on Manipur Violence; Relief to Delhi LG; Blinkit trade mark infringement; Third Party Funding; Withdrawal of Rs 2000 notes and more
A quick legal roundup to cover important stories from all High Courts in May 2023
Delhi High Court denies injunction to Times Group for its claim of ‘prior use’ of logo “NOW”, “E NOW” “E-NEWS NOW”
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.
Delhi High Court restrains Bodhisatva Charitable Trust from using the mark ‘MAYO’; grants injunction to Mayo Clinic, USA
The founder of the defendant institutions was not only aware of ‘Mayo Clinic’ in the USA but drew inspiration from the founder of ‘Mayo Clinic’, USA. Thus, the defendants have dishonestly adopted the ‘MAYO’ mark of the plaintiff as they are fully aware of the prior existence and use of the same by the plaintiff.
[Blinkit v. Blinkhit Trademark Infringement] | Karnataka HC sets aside temporary restraining injunction against Blinkit
The Court noted that the Trial Court made an error in allowing Blinkhit’s application for temporary injunction, without properly appreciating the available materials on record vis-à-vis the trademark’s usage and nature of the business carried out by the parties.
Delhi High Court denies injunction under S. 9 of A&C Act as it will delay the strengthening and overlaying of NH-48 initiated by NHAI
Sections 20-A and 41(ha) of the Specific Relief Act, 1963 expresses the legislative intent to not grant injunctions relating to infrastructure projects where delay may be caused by such an injunction. Thus, the role of Courts in this exercise is to interfere to the minimum extent so that public work projects are not impeded or stalled.
Stay on Diljit Dosanjh’s ‘Jodi Teri Meri’ continues as Punjab and Haryana High Court refrains from passing any order
Punjab and Haryana High Court commented that the parties had the chance to appeal against the said order of lower court, yet they approached the High Court through Article 227 of the Constitution of India.
Bombay High Court temporarily restrains Meta Platforms from circulating video infringing Patanjali product ‘Mahakosh Future Fit’ edible oil
The Plaintiff is aggrieved by a video circulating on Facebook pages containing disparaging remarks against the product of the Plaintiff i.e., edible oil bearing the registered trademark “MAHAKOSH”.
HIGH COURT MAY 2023 WEEKLY ROUNDUP| Stories on JEE Main 2023 eligibility; Manipur Violence; Chanda Kochhar retirement; Rehabilitation and Redevelopment of Slums and more
A quick legal roundup to cover important stories from all High Courts this week
HIGH COURT APRIL 2023 ROUNDUP| 100+ Stories on Aarey Car Shed Project; Kanpur Bar Association Strike; Bhushan Steel scam; Rahul Gandhi’s Defamation Case; and more
A quick legal roundup to cover important stories from all High Courts in April 2023
Delhi High Court restrains Samaira Jewels from counterfeiting BVLGARI jewelry collection
The Delhi High Court stated that a bare glance at the goods sold by the defendants indicated that they are prima facie imitations of the plaintiff’s registered design and accordingly injuncted Samaira Jewels from the usage of such designs.
Delhi High Court restrains Advance Technologies from using logo similar to The Boeing Company; Directs costs upto 5 lakhs
Delhi High Court observed that customers are being misled by the defendants and the entire effort is deliberate and dishonest amounting to dilution of the reputation and goodwill of the trademark/logo of the plaintiffs.
Delhi High Court restrains Bollywood Time and other YouTube channels from reporting fake news regarding Aaradhya Bachchan’s health
Delhi High Court observed that every child is entitled to be treated with honour and respect whether he/she is a child of a celebrity or a commoner.