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A non-speaking order of the Hon’ble Supreme Court dismissing a statutory appeal, is not a binding precedent – doctrines of merger, res judicata and judicial precedents explained.

This article has been written by Snehima Jauhari The Hon’ble Supreme Court recently addressed the question of universal / unlimited applicability of the doctrine of merger while deciding appeals filed by the builder/developer of a housing project (“Builder”) against an order passed by the National Consumer Disputes Redressal Commission (“NCDRC”). The impugned order directed the…

September 10, 20230Comments BySnehima Jauhari

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Delhi High Court’s Division Bench Grants Relief to Berkshire Polo Club in Trademark Row with Beverly Hills Polo Club

This article has been written by Vivek Kumar Case name: Royal County Of Berkshire Polo Club Ltd & Ors Versus Lifestyle Equities C V & Ors (Neutral citation: 2023: DHC: 6156-DB) Background Lifestyle Equities, owner of the Beverly Hills Polo Club (BHPC) trademarks, had filed a commercial suit against Royal County of Berkshire Polo Club in…

September 5, 20230Comments ByVivek Kumar

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A composite mark which combines individual non-distinctive parts together, may partake of distinctiveness – Observes Delhi High Court while restraining “Wow China Bistro” in a trademark infringement case.

This article has been written by Vivek Kumar In a significant development, the Hon’ble Delhi High Court has recently issued an injunction against the Defendant –Wow Momo Foods Private Limited, holding that the Defendant’s mark prima facie infringed the Plaintiff’s mark. Before discussing the dispute underlying the case, it’s important to take a glance at…

August 22, 20230Comments ByVivek Kumar

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A design, despite having functional attributes, is eligible for registration as a design if it has aesthetic appeal – observes Delhi High Court.

This article has been written by Vivek Kumar . The case of design infringement before Delhi High Court was with respect to the contesting designs of the handi by the Plaintiff and the Defendant as shown below: The Court held this to be a clear case of design piracy and observed that the Defendant’s design…

August 10, 20230Comments ByVivek Kumar

TOPICkle

A non-speaking order of the Hon’ble Supreme Court dismissing a statutory appeal, is not a binding precedent – doctrines of merger, res judicata and judicial precedents explained.

Delhi High Court’s Division Bench Grants Relief to Berkshire Polo Club in Trademark Row with Beverly Hills Polo Club

A composite mark which combines individual non-distinctive parts together, may partake of distinctiveness – Observes Delhi High Court while restraining “Wow China Bistro” in a trademark infringement case.

A design, despite having functional attributes, is eligible for registration as a design if it has aesthetic appeal – observes Delhi High Court.

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