Delhi High Court declares Toyota’s “ALPHARD” a well-known trade mark in India
The Court ordered removal of identical “ALPHARD” registrations, recognising Toyota’s trans-border reputation and spillover goodwill in India.
Justice C. Hari Shankar
“No indefeasible right to appointment merely on ground of unfilled vacancies when candidate doesn’t fall under cut-off & waiting lists”: Delhi HC
Unfilled vacancies do not entitle non-selected candidate to appointment where cut-off and 10% waitlist rule duly applied
Execution of discharge voucher acknowledging full and final settlement bars further claims unless obtained by fraud, coercion, or undue influence: Delhi High Court
When to step in and when to not, “the line is thin, but Courts are expected to possess the intellectual wherewithal to discern it and walk the right side.”
Delhi HC upholds rejection of Novo Nordisk’s injunction plea; Allows Dr. Reddy’s to manufacture and import ‘Semaglutide’
“Viewed from the perspective of a person in the know, it is prima facie clear that Semaglutide would be obvious from the teachings contained in the Genius Patent and that, therefore, a credible challenge to the validity of the suit patent, under Section 64(1)(f), is made out.”
Trademark registration, Marketing agreement execution & e-commerce availability confers Territorial Jurisdiction in infringement suit: Delhi HC
“Once the infringing goods were available for sale, the tort of infringement, which predicates use of the infringed mark, or a mark which is deceptively similar thereto, for trade, stood committed.”
Examiner entitled to correct/re-evaluate marks “at the first blush”; Delhi HC dismisses plea challenging DJSE-2023 evaluation process
“In view of the express bar on re-evaluation, the subjective nature of the assessment, and the absence of any material error or exceptional circumstance, judicial interference is unwarranted.”
Delhi HC stays execution of money decrees in Philips DVD Patent dispute
“The conjecture of number of replicated DVDs is without basis and entirely presumptuous. It is well settled that damages c =annot be fastened on a litigant on the basis of mere presumption.”
Delhi High Court takes Suo Motu Cognizance as Patients & Kin Brave Cold Outside Hospitals, Night Shelters Overflow
The Court said that “to our mind, this issue calls for urgent executive and/or judicial intervention.”
Speculation can’t decide damages: Inside Delhi HC judgement clarifying evidence-based damages in trademark infringement
“It is the evidence which constitutes the bedrock for any award of compensatory or punitive damages.”
Remand after reversal of Rejection of Plaint creates entitlement to refund of Court fees: Delhi High Court
“Order XLI Rule 23 of the CPC envisages remand in a situation in which the suit was decreed by the Court of first instance on a preliminary point and the decree is reversed in appeal by the appellate court.”
HIV+ employee a ‘person of disability’ under RPwD Act; Delhi HC grants relief to BSF constable
“An HIV positive employee would unquestionably be suffering long term physical impairment, which would hinder his full and effective participation in society.”
CAPF Examination Rule mandating strict cut-off period for issuance of OBC-NCL certificate declared invalid: Delhi HC
“To cancel the candidature of otherwise eligible candidates, on sole grounds of issuance date, deprives the petitioners of their fundamental rights under Articles 14 and 16 of the Constitution of India and actually runs contrary to the object sought to be achieved by providing reservations in public employment”
Delhi High Court grants relief to WOW! MOMOS; restrains use of mark WOW BURGER
“The dominant feature of the marks WOW MOMO and WOW BURGER is clearly the prefix ‘WOW’, as the suffix in each mark merely refers to the food item in respect of which the mark is being used. The dominant feature of the two marks, i.e. WOW, is identical.”
Delhi HC remands process patent registration for fresh consideration; flags Asst. Controller’s mechanical approach and lack of application of mind
An invention must show an inventive step over prior art. However, the Patents Act, 1970 lacks clear guidelines to assess this, leading Examiners to decide applications and oppositions in a rule of thumb manner, purely based on their subjective opinions. This is, clearly, a thoroughly legally unsatisfactory position.
Can infringement action be filed against a registered trade mark? Delhi HC answers
“Where two persons may be registered proprietors of marks, which are identical or deceptively similar to each other, neither person would be allowed to interfere with the exclusive right of the other person to use the mark, though each of them would have a right of injunction against a third party, who may not be a registered proprietor of the mark.”
Delhi High Court quashes order against A.R. Rahman in copyright infringement case of song ‘Veera Raja Veera’
“Indian classical music rarely follows a system of written notation or publication. Since ancient time, the compositions of Indian music were taught orally in the gurushishya Parampara , where knowledge was passed down through oral learning, improvisation, and repeated performance, rather than formal documentation. Hence, after explicitly declaring that fixation is not required, using fixation and performance as the determinative is against the legislation’s aim and objective.”
‘No longer in times when discrimination can be made between male and female’; Delhi High Court directs woman’s appointment to vacant IAF post
The distinction between male and female has, in the present time, been reduced to nothing more than a chance chromosomal circumstance, and ascribing, to it, any greater relevance would be illogical as well as anachronistic.
‘Office Memorandum cannot supersede Recruitment Rules’; Delhi HC upholds CAT’s ruling that the Additional CIT (NFSG) post is a promotional position
‘It was undisputed that the respondents would be entitled to the benefit of Note 1 below Rule 7(4) of Schedule II to the Indian Revenue Service Rules, 2015.’
‘Reasons required by Rule 9(1) cannot be left in realm of conjecture and surmise’; Delhi HC concurs with CAT to quash decision of Disciplinary Authority
‘The reasoning given for a fresh inquiry was a mere lip service to the requirement of Rule 9(1) and was delightfully left in the realm of conjecture.’
‘Special equities have to partake the character of irretrievable injustice’; Delhi HC quashes award by Arbitral Tribunal to injunct invocation of Bank Guarantees
‘The person at whose instance a Bank Guarantee has been issued by the bank is not a party to it and is merely a benefactor from whose account the payment would be realized.’