unilateral appointment of sole arbitrator
Case BriefsHigh Courts

“At best, the letter consenting to appointment of sole arbitrator, was a conditional acceptance of the appointment of a sole arbitrator. The condition being that the sole arbitrator would adjudicate the disputes between the petitioner and both the respondents.”

Delhi HC Section 104A Patents Act
Case BriefsHigh Courts

The intent behind Section 104A of the Act is to shift the onus of proof from the plaintiff to the defendant in cases involving infringement of process patents. This is premised on the fact that the process adopted by a defendant in manufacturing its product would only be known to the defendant and would be difficult for the plaintiff to determine.

Delhi High Court
Case BriefsHigh Courts

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.

Delhi High Court
Case Briefs

The plaintiffs submitted that the RITZ and RITZ-CARLTON marks are widely recognized and known among Indian consumers, especially in the hospitality and travel industry. The plaintiffs have promoted their respective trade marks heavily and have been recognized and given multiple awards and accolades.

Delhi High Court
Case BriefsHigh Courts

The plaintiff contended that the defendants were infringing the plaintiff’s rights in the ‘Andaz Apna Apna’ film by displaying/communicating to the public/hosting/utilizing content, creating merchandise, and online content related to the said film, which exclusively belonged to the plaintiff.

Delhi High Court
Case BriefsHigh Courts

The unauthorized actions of Defendant 1, including the creation and operation of fraudulent WhatsApp/Telegram groups, websites and mobile apps, have given rise to substantial confusion, leading individuals to falsely believe that the impugned groups and website are affiliated with plaintiff.

Delhi High Court
Case BriefsHigh Courts

The long duration and wide geographical area for which the TAJ marks have been in use, their goodwill and reputation due to the extensive promotion and extensive revenue generated by the plaintiff, in India and other countries, the TAJ marks have achieved the status of well-known trade marks.

Delhi High Court
Case BriefsHigh Courts

Defendant 3 has taken unfair advantage of the reputation and goodwill of the plaintiff’s trade marks/artistic works and has also deceived the unwary consumers of their association with the plaintiff by dishonestly adopting the plaintiff’s registered marks/labels without any plausible explanation.