Vega Industries Pvt. Ltd. v. Vinod Sagar Jain & Anr.

Pen Books Pvt. Ltd.vsPadmaraj

The Kerala High Court ruled in favor of Pen Books Pvt. Ltd., upholding a temporary injunction against Padmaraj regarding the use and sale of the domain name PENBOOKS.com. The court affirmed that domain names function as trademarks and are entitled to protection, even without formal registration, allowing for a claim of passing off. Crucially, the court deleted the condition requiring the plaintiff to deposit Rs. 75,000/- for the injunction, finding it unnecessary since the dispute was not solely between the parties.

Institute Of DirectorsvsWorlddevcorp Technology And Business Solutions Pvt Ltd & Ors.

The Delhi High Court dismissed the plaintiff's application for an interim injunction, ruling against the use of 'Directors' Institute' by the defendants. The court held that because the plaintiff previously represented to the Trademark Registry that its device mark contained common English words and was descriptive, it could not claim exclusivity over those words. Furthermore, the court found that the plaintiff failed in its duty of fair disclosure by suppressing this prior representation, thereby disentitling it from equitable relief.

ITC LimitedvsKhayrul Bashar And Anr.

The Calcutta High Court allowed ITC Limited's application for rectification against the trademark 'NEEMYLE'. The court found that the registration was obtained wrongfully because the Registrar failed to conduct a proper and adequate search of earlier, similar marks. Given the prior extensive use and established goodwill of ITC's mark 'NIMYLE', the continuance of the impugned mark was deemed contrary to public interest, leading to its cancellation.

Swiss Bike Vertriebs Gmbh Subsidiary Of Accell GroupvsReliance Brands Limited (Rbl)

The Delhi High Court addressed preliminary objections and the merits of a trademark infringement suit filed by Swiss Bike Vertriebs Gmbh against Reliance Brands Limited. The plaintiff alleges that the defendant's use of 'RALLEYZ' is confusingly similar to its registered mark 'RALEIGH' on identical goods (bicycles). While dismissing initial procedural challenges, the court directed both parties to file detailed affidavits and pleadings regarding the core issues of similarity and prior usage, setting the stage for further substantive hearings.

M/s.Aariza ElectricalsvsM/s.Vijay Pipes Industries

The Madras High Court overturned a lower court's decision that barred the defendant from filing their written statement in a trademark dispute. The court clarified that when a suit is converted into a 'transferred suit' under the Commercial Courts Act, the strict 120-day limit for filing a defense does not apply. By allowing the defendants to file their response, the High Court ensured justice and allowed the commercial suit to proceed.