Vikramajit Sen
5 IP cases indexed. Covers patent, trademark matters.
Cases Presided Over
5 cases indexed | Page 1 of 1
Rhizome Distilleries P. Ltd & Durga Liquors India (P) Ltd v.Pernod Ricard S.A. France
The Delhi High Court addressed disputes over trademark infringement and passing off in the alcoholic beverage industry. The court examined claims by Pernod Ricard regarding its brands like Imperial Blue and Royal Stag against Rhizome Distilleries' Imperial Gold. While acknowledging the similarity of the word 'Imperial,' the court found that the widespread use of this term in the alcohol sector prevented a finding of exclusive right or secondary meaning for the plaintiff. Consequently, the appeal was allowed, setting aside the injunction but mandating specific changes to the defendant's trade dress and packaging.
The Indian Performing Right Society Ltd. v.Sanjay Dalia & Anr.
This Delhi High Court judgment addresses a dispute over the proper forum for filing a copyright infringement suit. The Indian Performing Right Society Ltd. challenged the court's order directing them to refile their plaint in Maharashtra, arguing that its presence in Delhi granted it sufficient territorial sway under Section 62 of the Copyright Act. However, the court ultimately held that while Section 62 provides an additional forum, a pragmatic interpretation requires the suit to be filed where the cause of action actually arose.
Samsung Electronics Company Ltd. v.Mr. G. Choudhary And Anr.
The Delhi High Court granted an interim injunction to Samsung Electronics against its distributors regarding the sale of 'grey market' ink cartridges/toners. Although the goods were genuine, they were imported outside India and did not conform to Indian market standards, leading to concerns about unauthorized distribution. The court recognized the risk of irreparable loss and appointed a Local Commissioner to inspect, seize, and audit the inventory at the defendants' premises to prevent evidence destruction.
Holiday Inn Inc. v.Madhubhan Holiday Inn & Kapoor Holiday Inn
The Delhi High Court upheld a lower court's decision against Madhubhan Holiday Inn and Kapoor Holiday Inn for infringing on the global trademark 'Holiday Inn'. The court found that despite the appellants using prefixes like 'Madhuban' or 'Kapoor', their deliberate adoption of the highly reputed phrase was an act of bad faith intended to ride upon the respondent's immense goodwill. Applying the test of the average consumer, the court concluded that confusion and deception were inevitable, thus protecting the global brand reputation.
Rainforest Cafe, Inc. v.Rainforest Cafe And Ors.
The plaintiff, Rainforest Cafe, Inc., sought an interim injunction against defendants operating a restaurant under the name 'RAINFOREST CAFE', alleging that the defendant was copying its globally recognized trade mark and style. The court found that the plaintiff had established a prima facie case based on its worldwide reputation and noted that passing off applies to services as well as goods, thus confirming the interim order.
Facing a similar IP matter?
Arctic Invent is a specialist IP firm with deep litigation expertise across India, EU, US, and UK. Our team uses data-driven strategy to build stronger cases.