Dabur India Limited v. Wellford Pharmaceutical Private Limited & Anr.

Makind Pharma LimitedvsThe Registrar Of Trade Marks

The Delhi High Court allowed Makind Pharma Limited's appeal against the rejection of its trade mark application for "DON'T WORRY" in Class 3. The court held that, given the Appellant's existing registrations of the mark across various classes, the refusal based solely on lack of distinctiveness was unwarranted. The application was permitted to proceed for advertisement before acceptance, provided it is associated with the registered trademark 'MANKIND'S DON'T WORRY', and no exclusive rights are granted in the words 'DON'T' or 'WORRY' alone.

Microsoft Corporation & Anr.vsPcpatchers Technology Pvt. Ltd. & Ors.

The Delhi High Court granted an ex-parte ad-interim injunction in favor of Microsoft against Pcpatchers Technology Pvt. Ltd. and associated parties. The suit alleged that the defendants were using various domain names and impersonating Microsoft's authorized technical support staff to defraud customers. The court found sufficient prima facie evidence, noting that the defendants were infringing on Microsoft's registered trademarks, domain names, and copyrights while engaging in fraudulent activities.

M/s. Hotel SealordvsM/s.Hotel New Sealord

The Madras High Court addressed a civil suit filed by M/s. Hotel Sealord against M/s. Hotel New Sealord, alleging passing off and trademark infringement based on similar names. Although the plaintiff sought permanent injunction and damages, the court noted that the parties had reached an amicable settlement prior to judgment. Consequently, the Civil Suit was decreed strictly according to the terms outlined in the Memo of Compromise signed by both parties.

Godrej Properties Ltd.vsAshok Kumar & Anr.

In this ongoing trademark infringement suit, the Delhi High Court addressed the delay in deactivating infringing domain names. The court emphasized that Domain Name Registrars (DNRs) like GoDaddy must process valid requests from the plaintiff, especially when they relate to misuse of a protected mark. To resolve the dispute, the court directed GoDaddy to file an affidavit explaining why certain domains remain active and providing full details of the domain registrants.

M/S. Simpson & Company LimitedvsShri Rhythm Agarwal

M/S. Simpson & Company Limited appealed a judgment that had dismissed its suit against Shri Rhythm Agarwal for trademark infringement and passing off related to 'Radisson' paints. The lower court held that the High Court lacked jurisdiction because the cause of action did not arise wholly within its territorial limits, despite the appellant having a branch office in Uttar Pradesh. The Division Bench overturned this decision, asserting that Section 134(2) allows filing where the principal place of business is situated, and holding that the court had sufficient jurisdiction to proceed with the suit.