Delhi High Court Directs Social Media Platform To Take Down Clips Of Mirchi's Kareena Kapoor-Khan Talk Show In Copyright Infringement Claim

The Delhi High Court recently granted a temporary injunction in favour of the radio broadcaster, Entertainment Network, against alleged copyright infringement by the entertainment platform, Miss Malini Entertainment, in relation to the interview conducted by the platform for promotion of the talk show 'What Women Want'.Entertainment Network India Limited (plaintiff) produces and broadcasts audio and audio-visual content under brand names such as Mirchi and Mirchi Plus. It stated that it has sole...

Telegram Informs Madras High Court That It Will Remove And Block Accounts Impersonating PhonePe

Telegram has informed the Madras High Court that it would remove any accounts impersonating PhonePe in its servers as and when a request for the same is received from Phone Pe. The submissions were made before Justice K Kumaresh Babu. The court was hearing a plea by PhonePe seeking an injunction against Telegram. Phone Pe had approached the court seeking damages of 10 Lakh and an injunction restraining Telegram and its agents from infringing PhonePe's registered trademark by...

Delhi High Court Rejects Textile Firm's Sindhi Breakdown Of Word "Adidas" To Defend Trademark Infringement Suit

The Delhi High Court recently permanently restrained a textile firm and its partners from using the 'Adidas' mark, after the German sports and apparel wear company filed a trademark infringement lawsuit.In doing so, a single judge bench of Justice Sanjeev Narula rejected the defendants' contention that the name of the firm stems from one of the partners' “deep admiration for his elder sister” addressed as 'ADI' in the Sindhi community. Contending that the use of the term was bonafide and...

Delhi High Court Refuses To Rely On ChatGPT Responses In IPR Suit, Says AI Can’t Substitute Human Intelligence In Adjudicatory Process

Refusing to rely on ChatGPT responses in a suit filed by french luxury company Christian Louboutin over its unique “red sole” shoes design, the Delhi High Court has said that artificial intelligence cannot substitute either human intelligence or humane element in the adjudicatory process.“Accuracy and reliability of AI generated data is still in the grey area. There is no doubt in the mind of the Court that, at the present stage of technological development, AI cannot substitute either the human...

Co-Operative Banks Are Also Registered Co-Operative Societies: ITAT Allows Section 80P(2)(d) Deduction

The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) has allowed the income tax deduction under Section 80P(2)(d) of the Income Tax Act on the grounds that cooperative banks are also registered cooperative societies.The bench of Suchitra Kamble (Judicial Member) has observed that the provision of Section 80P(2)(d) does not make any distinction in regard to the source of the investment because this Section envisages deduction in respect of any income derived by the co-operative society...

Vouchers Are Neither Goods Nor Services, No ITC Available To Myntra: AAAR

The Karnataka Appellate Authority of Advance Ruling (AAAR) has held that input tax credit (ITC) is not available on the vouchers and subscription packages procured by Myntra from third-party vendors.The two-member bench of Ranjana Jha and Shikha C. has relied on the decision of the Karnataka High Court in the case of M/s Premier Sales Promotion Pvt Ltd versus Union of India & Ors., in which it was held that vouchers do not fall under the category of goods and services, and therefore, the...

When Defendant's Trademark Is Identical To Plaintiff's Registered Trademark & Their Goods Or Services Are Identical, Confusion In Public Shall Be Presumed : Supreme Court

"In an infringement action, an injunction would be issued as soon as it is proved that the defendant is improperly using the trade mark of the plaintiff".

[Breaking] Compound Interest During Moratorium Period Can Be Waived For MSME & Personal Loans Up to Rs. 2 Crore: Centre Tells SC [Read Affidavit]

The Central Government on Friday informed the Supreme Court of its decision to waive compound interest during the six-month moratorium period, for MSME loans and personal loans up to Rs. 2 crore. The Union of India submitted that is has decided to continue the "tradition of handholding the small borrowers" and therefore, it has waived interest for the said period for the most "vulnerable category of borrowers" viz.: MSME loans up to Rs. 2 croreEducation loans up to Rs. 2 croreHousing...

Commercial Suits: 120 Days Deadline To File Written Statement Mandatory: SC [Read Judgment]

“In view of the fact that the consequence of forfeiting a right to file the written statement; non-extension of any further time; and the fact that the Court shall not allow the written statement to be taken on record all points to the fact that the earlier law on Order VIII Rule 1 on the filing of written statement under Order VIII Rule 1 has now been set at naught.”

Proprietor Of A Trade Mark Cannot Enjoy Monopoly Over The Entire Class Of Goods: SC [Read Judgment]

The Supreme Court in M/S. Nandhini Deluxe vs. Karnataka Co-Operative Milk Producers Federation Ltd., has held that the proprietor of a trade mark cannot enjoy monopoly over the entire class of goods particularly when he is not using the said trade mark in respect of certain goods falling under the same class.Factual matrixKarnataka Co-Operative Milk Producers Federation Ltd., which has been producing and selling milk and milk products, since 1985, obtained registration for their mark ‘NANDINI’....

Infringement of Copyright/Trade Mark : When cause of action arises at a place where plaintiff carries on business, suit cannot be filed at other places where plaintiff is having branch offices ; SC

Resolving the legal nodus arising out of the interpretation of Section 62 of the Copyright Act and Section 134 of the Trade Marks Act and answering the issue whether the restriction imposed by the Explanation to Section 20 of the Code of Civil Procedure dealing with cause of action in respect of a Corporation could be read into the said provisions-the non-obstante clause notwithstanding- the Supreme Court in Indian Performing Rights Society v Sanjay Dalia & Anr- a decision rendered last...