Delhi High Court Restrains UP Company From Infringing Ching's 'Schezwan Chutney' Mark

In a relief for popular Desi Chinese brand Ching's Secret, the Delhi High Court on Monday restrained a UP-based food manufacturing company from using the name 'Schezwan Tufani Chutney' or any expression deceptively similar to 'Schezwan Chutney', a registered trademark of Capital Foods Pvt. Ltd.A single bench of Justice Manmeet Pritam Singh Arora granted an ad-interim injunction, noting that...

Bombay High Court Upholds Order Barring Nagpur Bidi Maker from Using Look-Alike 'Online Bidi' Pack

The Nagpur Bench of the Bombay High Court has upheld an earlier order restraining the city based bidi maker-Rocket Bidi Works from using its 'ATM Bidi No.07' packaging, ruling that it closely resembles the trade dress and design of Mobile Bidi Traders' 'Online Bidi'. A single bench of Justice Rohit W. Joshi observed that the 'ATM Bidi' packets copied the distinctive blue colour scheme...

Delhi High Court Refuses Quantum Hi-Tech Injunction Against LG Over 'Quantum' Trademark

The Delhi High Court has refused to grant interim relief to Quantum Hi-Tech Merchandising Pvt. Ltd. in its trademark dispute with LG Electronics India, ruling that the company's attempt to restrain LG's use of the “Quantum” mark was undermined by its failure to disclose material informationA Division Bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla upheld a...

TNGST Act | Purchase Tax Cannot Be Levied on Buyer for Seller's Tax Default: Madras High Court

The Madras High Court on Monday held that purchase tax cannot be levied under Section 7A of the Tamil Nadu General Sales Tax Act, 1959 (TNGST Act) on the purchaser merely because the seller failed to pay tax. The bench, comprising Justices S M Subramaniam and Mohammed Shaffiq, clarified the scope of Section 7A in transactions where the vendor has defaulted on tax payments "Having found...

Delhi High Court Upholds Order Protecting 'BIMA SUGAM' Mark, Orders Transfer of Disputed Domains to Federation

The Delhi High Court in an interim order upheld its earlier direction restraining a insurance agent from using the mark “BIMA SUGAM”, a name associated with India's upcoming unified digital insurance marketplace, or any deceptively similar name, including related domain names. The court also directed that the disputed domains be transferred to the Bima Sugam India Federation, holding...

Delhi High Court Upholds Interim Ban on Use of 'Sachamoti' Brand Amid Family Dispute

The Delhi High Court recently (October 13) upheld an interim order restraining Sabu Trade Pvt. Ltd. (STPL) and certain family members, who are also directors of the company, from using the “Sachamoti” mark, a well-known brand of sabudana (sago) products. e members of Sabu family affirming a March 2024 Single Judge order that prohibited them from using the brand and label. The Court...

Delhi High Court Refuses Relief to Cotton Bud Maker Against Perfume Brand Over 'TULIP' Trademark

The Delhi High Court has dismissed a plea filed by Suparshva Swabs India, the manufacturer of Tulips cotton buds and hygiene products, which sought to restrain a perfume company from using the mark “AGN TULIP.” A Division Bench of Justice Om Prakash Shukla and Justice C Hari Shankar upheld a 2023 order of the Commercial Court that had refused to grant an interim injunction to...

Madras High Court Lets Udaipur Salon Keep 'Bounce,' Lifts Earlier Ban

The Madras High Court has recently lifted an interim injunction that had previously restrained an Udaipur-based salon from using the name “Bounce,” noting that the term is common in the beauty and haircare industry. In a ruling delivered on October 25, A Single Bench of Justice N. Senthilkumar, vacated the injunction that had been granted in favor of Spalon India Pvt. Ltd., the operator...

Approval From Higher Authority Mandatory For Issuing Notice U/S 148 Income Tax Act After Expiry Of 3-Year Limitation: Madras High Court

The Madras High Court has held that under the new regime, approval from a higher authority, such as the Principal Chief Commissioner of Income Tax or the Principal Director General, is mandatory to issue a notice under Section 148 of the Income Tax Act after the expiry of a three-year limitation period. Justice C. Saravanan stated that …….three years from the end of the...

Order Passed By Emergency Arbitrator Under DIAC Rules 2023 Can Only Remain In Operation For 90 Days: Delhi High Court

The Delhi High Court, while hearing an appeal u/s 37 of the A&C Act filed against the the Award dated 11.12.2024 (“Impugned Award”) passed by the Emergency Arbitrator under the Delhi International Arbitration Center (Arbitration Proceedings) Rules, 2023 (“Rules of 2023”) observed that the terms 'Emergency Arbitrator' and 'Arbitral Tribunal' are not interchangeable. Rule...

Income Tax | Assessee Should Not Be Penalised For Delay In Filing Return Caused By CA's Belated Advice: Bombay High Court

The Bombay High Court has held that the assessee should not be penalised for the delay in filing the return caused by the chartered accountant's belated advice. The bench noted that the delay is not due to any negligence on the part of the assessee, but to inadequate advice by the Chartered Accountant, a fact admitted by him in his affidavit. Justices B.P. Colabawalla and Amit...

Delhi High Court Upholds Liability Of Company To Reimburse Official Liquidator's Security Expenses For Safeguarding Corporate Assets

A division bench of the Delhi High Court, comprising Justice Anil Kshetrapal and Justice Harish Vaidyanathan Shankar, has upheld the liability of a company to reimburse the official liquidator's security expenses for safeguarding corporate assets. Background of the Case The winding-up process of the appellant company (M/s Connoisseur Buildtech Pvt. Ltd.) was going on in the year...