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User traffic may be diverted due to the same or similar domain name, which can result in a user mistakenly accessing one domain name instead of the one intended. A domain name might, therefore, have all characteristics of a trade mark and could result in an act of passing off.
The Delhi High Court observed that ‘VOLVO' mark was blatantly infringed as branded stickers and infringing products bearing the said mark were found on the premises of the defendant.
The Delhi High Court opined that the defendants took unfair advantage of the reputation and goodwill of Louis Vuitton (LV) marks and deceived the unwary consumers of their association with the LV marks.
The Delhi High Court granted permanent injunction to SanDisk LLC for its trade mark ‘SanDisk’ and ‘Cruzer blade’. Additionally, Rs. 5 lakhs were awarded as damages.
The Court stated that the doctrine of merger of judgement and orders in common law doctrine are founded on the principles of propriety in the hierarchy of justice delivery system.
The Delhi High Court denied permanent injunction under Section 9 of the Arbitration and Conciliation Act, 1996 (Act) and held that Section 9 did not permit passing of an order in the nature of a permanent measure.
The Delhi High Court held that the marks ‘WhiteHat Jr’ and ‘WhiteHat Sr’ were deceptively similar and therefore, restrained the defendants from using any trade mark, trade name and domain name which would amount to infringement of plaintiff’s mark ‘WhiteHat Jr’.
Microsoft filed the present suit for permanent injunction against the defendants restraining them from directly or indirectly reproducing/storing/installing and/or using pirated/unlicensed software programmes, thereby infringing the copyright in the plaintiffs’ computer programmes/software titles.
The Delhi High Court restrained the defendant from dealing in any goods, under the impugned trade mark ‘Lifelong’ or any other mark as may be identical to or deceptively similar with the plaintiff’s (Lifelong Online Retail (P) Ltd.) registered trade mark ‘Lifelong’, to cause infringement of the plaintiff’s trade marks.
The Delhi High Court, in a suit for trade mark infringement by a habitual cyber squatter, Namase Patel over Adobe’s marks ‘ADOBE’, ‘PHOTOSHOP’ and ‘SPARK’, granted Rs. 2 Crore as damages to Adobe.
Swiss Bike Vertriebs GMBH, a subsidiary of ACCELL Group filed a suit against Imperial Cycle Manufacturing Company for seeking permanent injunction restraining them from committing acts of trademark infringement and passing off with respect to the Swiss Bike’s mark ‘RALEIGH’ which was used for bicycles/cycles/bikes.
Delhi High Court granted permanent injunction in favour of Dream 11 against the person who was operating under the domain name ‘www.dream11.bet’ and held that the domain name adopted by the defendant was deceptively similar to that of the plaintiffs and was clearly intended to ride on the goodwill and reputation of the plaintiff’s marks.
Delhi High Court: In a dispute between Parle-G and Britannia regarding the video and print advertisements published against Parle-G, the
Delhi High Court: In a suit for permanent injunction restraining the defendants from using the mark ‘Shopibay’ which was similar
Delhi High Court: In a suit for permanent injunction restraining the defendants from infringing and/or passing off the Starbuck’s registered
Delhi High Court: In a suit for permanent injunction restraining the websites from retransmitting, broadcasting, streaming or in any manner
Delhi High Court: While deciding a case related to the product and mark ‘ROOH AFZA’, the Single Judge Bench of
Supreme Court: In a case where a plaintiff had sought for permanent injunction without applying for the substantive relief of specific performance
Delhi High Court: Asha Menon, J. denied relief sought by ‘TV Today Network’ ‘plaintiff ‘on allegations of copyright infringement, defamation and commercial
Punjab and Haryana High Court: Alka Sarin, J., while dismissing the appeal preferred by the plaintiff against the judgments passed