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“CHACHA, though otherwise a word of common usage, has clearly no connection with sarees or garments. There is no basis, therefore, for a Court to hold that, when used in connection with the sarees or garments, the word CHACHA is not distinctive.”
“The respondent has neither challenged the rankings made by the ranking agencies, nor has it exercised its right to be forgotten by making a request to Google to efface its existence from the Google search results.”
Delay in blocking access to rogue platforms would result in irreparable breach of JioStar India’s exclusive broadcast rights and revenue loss.
Defendant 1 had created and circulated AI-morphed content of the plaintiff including a movie titled ‘AI Love Story’
“Since the trademarks of the plaintiff are registered, the balance of convenience is tilted in favour of the plaintiff and in case, ex-parte ad-interim injunction is not granted, the reputation and goodwill of the petitioner may be injured.”
“Where a word constitutes a prominent and essential part of a registered composite/label mark, the unauthorised use of that word would amount to infringement within the meaning of Section 29(9) of the Trade Marks Act.”
“The balance of convenience lies in favour of the Plaintiff, and if the Defendants are not restrained, the Plaintiff would suffer irreparable injury which cannot be adequately compensated in terms of money.”
“Plaintiff’s reputation and goodwill was such that the plaintiff’s tagline, ‘Come home to Siyaram’ was indelibly etched in public memory.”
“In matters of this nature, it is likely that irreparable injury would be caused unless ad interim relief is granted.”
“The need for immediate relief is particularly pressing in this case as the infringing websites are making available the plaintiffs’ copyrighted works, which could lead to significant financial losses for the plaintiffs.”
“The claimed invention would be obvious to the person skilled in the art, and therefore, the defendant has been able to raise a credible challenge to the validity of the suit patent under Section 64(1)(f) of the Act.”
“Though the balance of convenience is not in favour of the plaintiff, if the movie is released, the plaintiff would be in a position to claim damages.”
“In my prima facie view, it would only be reasonable to give an opportunity to the defendants to present their defence in respect of their publications/posts/articles.”
“A person’s much less a woman’s dignity cannot be publicly maligned or defamed that too without consent which is the sine qua non for such publications.”
“Mere filing of an appeal cannot and does not operate as a stay of the order appealed against, unless an order of stay operation of the same has been passed.”
In light of the settlement agreement and receipt of ₹5 Crores, the Court vacated the he interim order of injunction and permitted the release the movie ‘Akhanda 2’.
The Court opined that a party seeking interim injunction in a passing-off action must produce concrete evidence of use, goodwill, and business turnover.
“Ajay Devgan’s status as a sought-after brand ambassador, and a personality with millions of followers across social media platforms demonstrates the strong public association uniquely tied to his identity and his reputation among the Indian populace not limited to his fans.”
“When it is proved that the defendant is improperly using the trade mark of the plaintiff, an order of injunction would be issued.”
“There is huge amount of betting on each of the horse races and therefore, a monopoly of any race by any owner/ ‘family unit’ would have the potential of rigging of horse races.”