Recently, the Delhi High Court granted an interim injunction in favor of Mankind Pharma Limited (“Plaintiff”), against Aquakind Labs LLP and Ors. (“Defendants”) in a trade mark dispute. The Plaintiff, a well-established player in the pharmaceutical industry, is the proprietor of MANKIND and KIND-formative marks, and has obtained registrations for the MANKIND mark across classes and...
Mother Sparsh Baby Care Pvt. Ltd. v. Aayush Gupta & Ors. C.O. (COMM.IPD-TM) 84/2024 & CS(COMM) 129/2022, Judgment dt. October 28, 2024 The Delhi High Court has, in a suit and rectification petition filed by Mother Sparsh Baby Care Pvt. Ltd. (“Mother Sparsh”), permanently restrained one Aayush Gupta, the user and registrant of the mark...
Recently, while quashing a case against an accused engaged in manufacturing and sale of garments under a fake Puma label, the Punjab and Haryana High Court ruled that there can be no copyright in the manufacturing and sale of garments. The accused was charged under Sections 63 and 65 of the Copyright Act, 1957, for...
The Delhi High Court recently dismissed Gensol Electric Vehicles Pvt. Ltd.’s (“Gensol”) application for temporary injunction against Mahindra Last Mile Mobility Limited (“Mahindra”). Gensol sought to prevent Mahindra from using the eZEO or ZEO marks, which Gensol deemed similar to its EZIO mark for electric vehicles. Gensol claimed to have coined the EZIO mark in...
Delhi High Court rules that a revocation petition survives even for an expired patent if an infringement suit seeking damages is pending. A single judge of the Delhi High Court held that the mere fact that the Petitioner, Macleods Pharmaceuticals Ltd’s (“Macleods”), had raised a defence of patent invalidity in an infringement suit filed by...
In a recent judgment passed by the Delhi High Court in the case of DCM Shriram Limited vs. Mr. Amreek Singh Chawla & Ors., the court stressed upon the obligations cast on parties, which seek equitable reliefs such as ex parte and/or ad interim injunctions, to approach the court with sincerity, and vacated the ex parte ad...
The Delhi High Court recently denied interim relief to Broad Peak Investment Holdings Limited (“Plaintiff”) which alleged trademark infringement and passing off of its BROAD PEAK mark by Broad Peak Capital Advisors LLP (Defendant). The Plaintiff claimed that it had used the BROAD PEAK mark since 2006, with its earliest registration in Singapore and UK...
The Delhi High Court has, in a suit for an injunction filed by Verizon Trademark Services LLC & Ors. (“Plaintiffs”), granted an ex-parte ad interim injunction, restraining Verizon Careers & Ors. (“Defendants”) from using the Plaintiffs’ registered and well-known trademark ‘VERIZON’, including, as a part of its corporate name, domain name, www.verizon-careers.com, and email address,...
In a recent order, the Delhi High Court emphasized that plaintiffs seeking injunctive relief must establish a prima facie case and accordingly granted an ex parte ad interim injunction in favor of the plaintiff. The plaintiff alleged that the defendant was using the mark ALLY CENTURY to market and sell products identical to those of the plaintiff, thereby...
Recently, the High Court of Delhi issued a permanent injunction, ordering the defendant, Amazon Technologies Inc. (“Amazon”) to pay INR 339.25 crores as damages (including costs) to the plaintiffs, Lifestyle Equities C.V. and Lifestyle Licensing B.V. (hereinafter collectively called “Lifestyle”) for infringing Lifestyle’s registered trademark, Beverly Hills Polo Club Device (“BHPC Device”). Lifestyle initiated a trade...
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