The Delhi High Court’s recent rulings in Intellectual Property law offer critical insights into current legal practices. This post covers three notable cases, highlighting their implications for IP law in India. Aimed at professionals and enthusiasts alike, these summaries provide a clear view of evolving legal trends in IP.
Havells Vs. Polycab: Only one ceiling fan design is prima facie infringing, says Delhi High Court.
In a case involving 3 registered designs held by Havells relating to ceiling fans, the Delhi High Court came to the conclusion that only one of the designs is prima facie infringing. It therefore limited the injunction to only one of the products of Polycab. As per the Court, Polycab’s ‘ELENZA’ fan is obviously similar in shape and configuration to the 2016 Design of Havells, which corresponds to its ‘ENTICER’ fan. As it is obviously similar, the Court stated that the product is prima facie infringing.
With respect to Havells’ 2022 Design that relates to a ceiling fan with a floral surface pattern, the Court stated that Polycab’s corresponding ‘Eleganz’ fan has leaves in a different colour, which makes it prima facie non-infringing. Dealing with the 2021 Design in suit, the Court stated that no comparison was made with respect to that design, and therefore no valid case subsists with respect to its infringement.
Citation: IN THE HIGH COURT OF DELHI AT NEW DELHI, CS(COMM) 421/2023, I.A. 11325/2023, I.A. 17900/2023 & I.A. 18703/2023
FabIndia gets an Exparte Injunction against fake websites using its trademark.
The Delhi High Court recently granted an exparte injunction in favour of FabIndia Limited against defendants using its mark, fabindia, as a part of their domain names. The Court stated that the plaintiff can also file details of any further websites or domain names using the FabIndia mark that may come to its attention through an affidavit. FabIndia argued in the case that it had generated revenue of 95 crores through online sales 2022/23, and that its revenue was in excess of 1200 crores in the said year. It submitted that it had received more than 1100 complaints from customers, who had purchased products from fake websites.
Citation: IN THE HIGH COURT OF DELHI AT NEW DELHI, CS(COMM) 861/2023
Cable News Network Vs. City News Network: Delhi High Court restrains use of the ‘CNN’ mark, and grants costs of 7 Lakh Rupees.
In a case involving the trademark ‘CNN’ held by Cable News Network, the Delhi High Court granted a permanent injunction restraining its use by the Defendant. The Court stated that differences in logos would not help the defendant’s cause as consumers would most likely assume that the CNN logo has been modified. While granting an injunction, the Court also granted costs of 7 Lakh Rupees to the plaintiff. The plaintiff in the case had incurred about 13.5 Lakh Rupees for the litigation.
Citation: Cable News Network Inc v. City News Network, 2023 SCC OnLine Del 7676
These Delhi High Court decisions reflect the dynamic nature of IP law in India. Our brief overviews aim to provide clarity and perspective on these significant rulings, helping readers navigate the complexities of IP law.
