Delhi High Court Weekly Round-Up: January 10 To January 16, 2022

JUDGMENTS/ ORDERS THIS WEEK1. Delhi High Court Upholds Interim Injunction Against Cigarette Brand TOPAZ For Using 'Similar Trade Dress' As TOTALCase Title: VST Industries Ltd. v. Rudra Ventures Pvt. Ltd. & Ors.Citation: 2022 LiveLaw (Del) 15The Delhi High Court has upheld the ex-parte interim injunction order against TOPAZ, a cigarette brand, allegedly passing off its goods as that of another cigarette brand, TOTAL, by adopting deceptively similar packaging/ trade dress.Justice Suresh Kumar Kait decided not to interfere with the impugned order, stating," the basic background colour of the packaging / cigarette box is shade of dark metallic black and dark blue colors, which is identical. Both the boxes also contain ribbed lines which run across their respective surfaces. The front and back view of the packaging is in similar font and even the placement of letter is similar."It added,"Plaintiff's TOTAL branded cigarettes sticks have the words 'Dual Flavor' mentioned in golden letters and defendants have mentioned the words 'Twin Flavor' on their TOPAZ cigarette and font, style, colour and placement of matter of both the sides is exactly similar. All these points were weighed in the mind of the Court when this Court had prima facie opined to grant restraint order in favour of plaintiff."2. Christmas Advertisements By Delhi Govt: High Court Disposes Plea Seeking Action For Allegedly Wasting Public MoneyCase Title: Kumar Piyush Pushkar v. GNCTD & Ors.Citation: 2022 LiveLaw (Del) 16The Delhi High Court has disposed of a PIL challenging public advertisements issued by the Delhi Government wishing Christmas to the citizens, allegedly to promote the political interests of the Aam Aadmi Party.The Division Bench of Chief Justice DN Patel and Justice Jyoti Singh noted that a representation in this regard is already pending consideration before the Committee on Content Regulation in Government Advertising (CCRGA), constituted at the directions of the Supreme Court.Thus, it ordered," A Committee is already constituted by the Supreme Court. The Petitioner has already preferred a representation before the said committee and the same is pending consideration. Hence, we see no reason to entertain this writ petition."3. Delhi High Court Sets Up Confidentiality Club To Look At Third-Party AgreementsTitle: KONINKLIJKE PHILIPS N.V. v. VIVO MOBILE COMMUNICATION CO. LTD & ORS.Citation: 2022 LiveLaw (Del) 17To maintain necessity of industry confidentiality, a single judge bench of Delhi High Court has allowed for the constitution of a confidentiality club comprising of eight lawyers and two experts to inspect third-party agreements and documents to look into alleged infringement of patents in a case pertaining to patented technology relating to radio communication.Among the series of cases filed by Philips against Chinese companies for allegedly infringing their "Standard Essential Patent" (SEP), an interim order was pronounced on Saturday in Philip's suit against Vivo. The plaintiff had filed a suit seeking a decree of permanent injunction to restrain the defendants from manufacturing, assembling, importing, selling, offering for sale, advertising including through their and third-party websites, mobile phones including the models mentioned in the plaint and any further or other devices or models inclusive of UMTS enhancements and LTE technologies that result in alleged infringement of the plaintiff's patents. The plaintiff had filed an interim application seeking interrogatories to be submitted and production of certain documents under Order 11 Rules 2 and 14, read with S.151, CPC, from defendants No. 1 and 2.4. Oil Marketing Companies Are State Instrumentalities, Empowered To Regulate Fuel Pumps In Public Interest: Delhi High CourtCase Title: Indian Oil Corporation Ltd & Ors. v. All India Petroleum Dealers Association Registered & Ors., LPA 24/2021; Indian Oil Corporation Ltd & Ors. v. All Haryana Petroleum Dealers Association Registered & Ors., LPA 20/2021 and Indian Oil Corporation Ltd & Ors. v. Bihar Petroleum Dealers Association & Anr., LPA 31/2021.Citation: 2022 LiveLaw (Del) 18The Delhi High Court has upheld the power of Oil Marketing Companies (OMCs) to formulate Marketing Discipline Guidelines (MDGs) in public interest, i.e., for the benefit of the consumers as well as to protect the rights of the employees at Retail Outlets (ROs).The Division Bench of Chief Justice DN Patel and Justice Jyoti Singh observed," MDG is a Guideline issued by the OMCs, Instrumentalities of the State to regulate the R.O. Dealers."It added that the ROs are bound by such guidelines." The relationship between the OMCs and the Dealers is governed by the Dealership Agreements, under which, more particularly Clause 43 thereof, the Dealers have undertaken to be bound and to comply with the rules and regulations of the Government, including the directives issued by OMCs and thus the MDGs formulated by the OMCs, are binding on the Dealers."5. Delhi...

Delhi High Court Weekly Round-Up: January 10 To January 16, 2022

Nupur Thapliyal

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