Bombay High Court Digest On IPR 2023

Bombay High Court Temporarily Restrains Pune's Regal Footwear From Using 'Regal' Trademark Case Title: Abdul Rasul Nurallah Virjee and Anr. v. Regal Footwear Citation: 2023 LiveLaw (Bom) 12 The Bombay High Court temporarily restrained Pune's Regal Footwear from using the mark 'Regal' in a trademark infringement suit filed by owners of Mumbai's Regal Shoes. Justice R. I. Chagla, while deciding a notice of motion in the suit held, “The Plaintiffs case of passing off is made out particularly considering that the rival marks are identical and used for identical goods/services……infringement is made out in view of the prima facie findings that the Plaintiffs have been able to establish user since 1954 including goodwill and reputation and the Defendant being a junior user, as well as other prima facie findings of the Defendant failing to establish honest concurrent use as well as its case of acquiescence not having been made out.” 'Yoko' and 'Yokoso' May Have Different Meanings in Japanese, Doesn't Make Marks Dissimilar: Bombay High Court Grants Relief To Yoko Sizzlers Case Title: Yoko Sizzlers v. Yokoso Sizzlers Citation: 2023 LiveLaw (Bom) 47 The Bombay High Court restrained a Pune-based restaurant from using the mark 'Yokoso Sizzlers', observing that prima facie it is deceptively similar to the registered trademark 'Yoko Sizzlers'. Justice Manish Pitale granted interim relief to Yoko Sizzlers in an intellectual property rights suit filed by it against Yokoso Sizzlers. "Merely because Yoko and Yokoso have different meanings in Japanese language, it would not amount to dissimilarity of the marks in question. Therefore, it is found that a strong prima facie case is made out on behalf of the plaintiff, for granting ad-interim relief. This Court is convinced that unless such relief is granted, the plaintiff will suffer grave and irreparable loss, thereby indicating that the balance of convenience also lies in favour of the plaintiff," the court said. Bombay High Court Refuses To Pass Omnibus Direction Stopping Domain Name Registrar GoDaddy From Registering Names Containing “Swiggy” TradeMark Case Title: GoDaddy.com LLC & Anr. (Applicants) in Bundl Technologies Pvt. Ltd. v. Aanit Awattam & Ors. Citation: 2023 LiveLaw (Bom) 51 The Bombay High Court directed GoDaddy, a Domain Name Registrar to inform food delivery service Swiggy each time a domain name containing its trademark 'SWIGGY' is registered. The court however, refused to stop GoDaddy from registering future domain names infringing Swiggy's trademark. “…it would not be appropriate to continue the ad-interim order granted in terms of prayer clause (g), as it would amount to granting an omnibus and global temporary injunction, operating in futuro. Each instance of infringement would require the Plaintiff to rush to this Court for a direction in this very suit or separate proceedings against specific parties but an omnibus direction as contained in prayer clause (g) could not have been granted”, the court held. Justice Manish Pitale said that Swiggy will have the liberty to seek relief against each future infringement once it comes to know of the same from GoDaddy. The court said that the plaintiff has to claim reliefs in context of specific instances of infringement by individuals against whom orders can be passed. Even in a “John doe” action, specific instance of infringement is identified though it may not be known who is responsible for the infringement, the court reiterated. Fevicol v. Tickawoo: Bombay High Court Finds No Prima Facie "Deceptive Similarity" In Logos, Grants Interim Relief For Certain Products Case Title: Pidilite Industries Limited v. Chiripal Industries Limited Citation: 2023 LiveLaw (Bom) 135 The Bombay High Court held that there is no prima facie deceptive similarity between Fevicol manufacturer Pidilite Industries' logo having two elephants against backdrop of a sunset and Chiripal Industries' logo having containing word Tikawoo with the device of a rhino against the backdrop of sun. The court however, granted interim injunction in favour of Pidilite restraining Chiripal from using marks similar or identical to plaintiff's “HEATX”, “LW+”, and “LW” marks. Bombay High Court Grants License To 83-Yr-Old Lawyer To Translate Mahatma Gandhi's Devout Disciple Mira Ben's Autobiography In Marathi Case Title: Anil G. Karkhanis v. Kirloskar Press and Anr. Citation: 2023 LiveLaw (Bom) 154 The Bombay High Court granted an 83-year-old lawyer the license to translate and publish the autobiography of devout Gandhian - Madeleine Slade also known as Mira Behn in Marathi. Lawyer Anilkumar Karkhanis said he intended to publish the book titled "The Spirit's Pilgrimage" in Marathi, not for any commercial gain but in public interest. He has approached the court under section 32 of the Copyright Act 1957 for permission as...

Bombay High Court Digest On IPR 2023

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