Updates From Courts & Registry

In a recent judgment, a Division Bench of the Delhi High Court (“Court”) has served an important and timely reminder that damages must necessarily be based on evidence which proves that the claimant suffered actual loss, and that any calculation based on speculative assumptions would be liable to be set aside.   The judgment came in an appeal by the Defendant/Appellant challenging a Trial Court decision where the Defendant’s mark “Amrit Nayan Jyoti” was found to be deceptivel

The Bombay High Court recently upheld an interim injunction granted by the District Court, Nagpur restraining Ifra Sheikh (“Appellant”) from using Mobile Bidi Traders’ (“Respondent”) registered trademark ONLINE BIDI.   Before the District Court, the Respondent asserted that it is engaged in the manufacture and sale of bidis since 2005 and holds a valid trademark registration for the ONLINE BIDI mark since 2017, along with copyright registration for its label . As per the Res

The Delhi High Court has, in a recent case, restrained Patanjali Ayurved Limited (“Patanjali”) from broadcasting a disparaging advertisement in a suit filed by Dabur India Limited (“Dabur”).   Recently, Dabur came across an advertisement by Patanjali where it portrayed all Chyawanprash products as “ dhoka ” (deception) and implied that only Patanjali’s own Patanjali Special Chyawanprash represented the “true power of ayurveda”.   Dabur submitted that the advertisement labe

In a recent order, the Delhi High Court granted ex parte interim relief in a trademark dispute filed by Novalife Consultancy Pvt. Ltd. (“Plaintiff”) against Mr. Bharat Sachdeva and his associated concerns Novvalife Karnal and Novvalife Sri Ganganagar (“Defendants”), concerning the use of the mark NOVVALIFE, which is deceptively similar to the Plaintiff’s registered mark NOVALIFE.   The learned counsel for the Plaintiff contended that the Plaintiff, engaged in migration adviso

Recently, the Hon’ble High Court of Delhi, dismissed a plea filed by Suparshva Swabs India (“Appellant”), the manufacturer of cotton buds and hygiene products, seeking, inter alia, a decree of permanent injunction restraining AGN International & Ors. (“Respondents”) from using the mark TULIP or AGN TULIP in relation to perfumes, cosmetics, and allied goods, on the grounds of trademark infringement and passing off. One of the key grounds for rejection was that the Appellant fa

The Delhi High Court recently decided a rectification petition filed by Ardo Medical AG, seeking cancellation of the trade mark ARDO Device, subject of Registration No. 4578111, in Class 44, in the name of M/s. SDB International.   The petitioner, Ardo Medical AG, a Swiss company, engaged in development, production, and distribution of products for premature babies and newborns, has been operating under its mark for over 25 years. It uses and owns registrations for its mark i

The Supreme Court, in an appeal filed by Novenco Building and Industry A/S (“Novenco”) against the judgements passed by the Division Bench and Single Judge of the Himachal Pradesh High Court in favour of Xero Energy Engineering Solutions Pvt. Ltd. & Anr. (“Xero Energy”), held that in cases involving continuous infringement of intellectual property rights, the mandatory requirement of pre-litigation mediation can be waived when urgent relief is necessary to prevent public dece

Recently, the Delhi High Court dismissed the application filed by Dayal Industries Private Limited (“Defendant”), seeking permission to file a rectification petition against M/s Gopika Industries’ (“Plaintiff”) registered mark DYAL. The Plaintiff filed a suit, inter alia, alleging that its mark DYAL in Class 31 (dated April 4, 1996) has been infringed by the Defendant. In its written statement, the Defendant laid down four grounds: (a) it is the prior user of DAYAL, used for

Recently, the Hon’ble Delhi High Court directed the Trade Marks Registry (“Registry”) to remove a trade mark registration for the mark CROOSE (Stylized), owned by JNG Footstep Private Limited (“Respondent”), based on a cancellation petition filed by Crocs Inc. (“Petitioner”), based on its rights in the mark CROCS.   It is the Petitioner’s case that its goods under the mark CROCS are sold worldwide, including India, since the last several years, for which it has obtained trade