Delhi High Court grants interim relief to ICICI Bank in defamation case against ex-employee
The Defendant was discharged from service during the probation period itself and upon discharge he published statements and videos disparaging ICICI Bank.
Interim Injunction
Injunction under S. 9 of Arbitration and Conciliation Act cannot be granted to restrain board meeting for removal of Director: Delhi High Court
The remedy under Section 9 is equitable, discretionary in nature and primarily exercised to preserve subject matter of arbitration or to prevent frustration of arbitral proceedings. Such power must be exercised cautiously, particularly where interim relief sought effectively amounts to grant of final relief or impinges upon statutory powers conferred under Companies Act, 2013.
Delhi HC grants interim relief to Hero Motocorp in ‘DESTINY’ scooters Trade mark infringement suit
A prima facie case has been made out by Hero Motocorp for grant of an ex-parte ad-interim injunction. The balance of convenience is also in favour of Hero Motocorp and against the defendants.
Know why Bombay HC granted interim injunction to ‘Parachute’ against ‘CocoPlus’ in trade mark dispute
“The defendant’s use of the plaintiff’s trade mark cannot be said to be an honest adoption as though having a registered trade mark, the defendant deviated from the mark and adopted a mark which is deceptively similar to the plaintiff’s registered trade mark.”
Delhi High Court grants interim injunction to Domino’s in trade mark infringement case
“Any confusion between the edible products, if allowed to continue, can lead to disastrous consequences on human health. Therefore, the Court must adopt more cautious and stringent approach for judging the likelihood of confusion and to exercise greater care.”
Delhi High Court grants interim injunction to VOLVO in a trade mark infringement case
The plaintiffs submitted that the defendants, by manufacturing, using, displaying, advertising lookalike of the plaintiffs’ well-known products, are trying to create an unauthorized association with the plaintiffs, and deceive customers to believe that the plaintiffs have launched an affordable new range of products.
Vadodara Court grants interim injunction to Inox India against Cryogas for copyright infringement and misuse of confidential information
“Refusal to grant interim injunction at this stage would cause irreparable harm to Inox, as Cryogas—having no rights to the intellectual property—would be able to exploit Inox goodwill without any legal deterrent.”
Khaitan & Co. represents Inox India in securing interim injunction against Cryogas in copyright and confidentiality dispute
Khaitan & Co represented Inox India before the Baroda District Court in securing interim injunctive relief against Cryogas Equipment
Delhi High Court grants interim injunction in favour of Bima Sugam India Federation; restrains use of ‘BIMA SUGAM’ mark
“The registration of the impugned domain names by Defendant 1 would be prejudicial to public interest as the Defendant 1 is seeking to monopolize the mark, which was announced by the Insurance Regulator IRDAI for a specific purpose in public interest.”
High Court cannot dismiss substantive portion of suit while hearing appeal against rejection of interim injunction: Supreme Court
The Supreme Court was considering an appeal appeal against an order of the High Court dismissing the suit while considering an application for an injunction.
Bombay HC restrains Innovation Coatings (P) Ltd. from using “INOVA 1K PUR” mark; grants interim injunction to Pidilite for mark “1K PUR” for adhesive products
The defendant’s contention that the expression “1K PUR” is common to trade or publici juris, was rejected and the Court opined that a party asserting that a word/expression has become common to trade must satisfy the test of extensive, actual, and continuous use of such an expression in the market.
Bombay HC grants interim injunction in favour of Sketchers in trade mark infringement case against Wardrode
The adoption of plaintiffs’ trade marks and plaintiffs’ artistic works in relation to the impugned goods by defendants is dishonest.
Madras HC issues interim injunction against Annamalai Digital prohibiting defamatory publications about former Army personnel until next hearing
Madras High Court also directed the Media house to remove and delete the defamatory article published against the former army personnel.
Filing of written statement after expiry of 30 days can be accepted only if there is an application in writing for condonation of delay: Madras HC
If the power is given to do a certain thing in a certain way, the thing must be done in that way.
[Amul v. Amuleti] Delhi HC grants interim relief to Gujarat Co-operative Milk Marketing Federation Ltd; restrains Terre Primitive from using marks/logos similar to ‘AMUL’
The plaintiffs submitted that Defendant 1 is dishonestly using an identical and deceptively similar trade mark as that of the plaintiffs’, so that any ordinary consumer would be misled to believe that Defendant 1’s products are that of the plaintiffs or associated with or emanating from the plaintiffs.
Delhi High Court temporarily restrains Star Hospitality from using mark ‘SOCIAL’; grants interim injunction to Impresario Entertainment and Hospitality (P) Ltd.
“An average consumer with an imperfect recollection is likely to be deceived into thinking that the plaintiff has opened a new ‘SOCIAL’ outlet in Vadodara, Gujarat where the defendant is operating its outlet.”
Why did Delhi HC refuse to grant ICAI ad interim injunction against Netflix for staying release of series ‘Tribhuvan Mishra CA Topper’?
“It is a series which appears to be more in the genre of comedy, and merely describes the main character as a topper in Chartered Accountancy Examination. It is neither intended nor can be perceived to be derogatory to the profession of Chartered Accountancy.”
Delhi High Court grants interim injunction to Dr. Reddy’s in suit filed to restrain violation of trade mark “REBAHEAL”
Since the rival trade marks were visually and phonetically identical, it would cause confusion and deception amongst the general public, doctors, and chemists.
‘Registration does not confer immunity from challenges’; Delhi High Court grants interim injunction to prevent usage of trade mark ‘HUALI’
The Delhi High Court said that while trade mark registration offers statutory benefits, it does not obliterate prior common law rights established through actual use and accrued goodwill in the market.
Bombay HC discontinues ex-parte injunction granted to ATYATI against alleged device mark infringement by COGNIZANT
The Court opined that had the plaintiff disclosed the facts, about the knowledge of the date of usage of the logo, then the ad interim relief without notice would not have been granted to the plaintiff. Even otherwise, the Court opined that the plaintiff had suppressed the material facts.