Delhi High Court Directs Defendant To Deposit ₹5 Lakhs Or Be Detained In Civil Prison For Breach Of Injunction

Recently, ALG represented Ramada International, Inc. (Plaintiff) at the Delhi High Court in a trademark infringement and passing off suit, in which the Court directed the defendant to either deposit ₹5 lakhs with the Court Registry or be detained in civil prison for a week, for having “committed wilful and contumacious disobedience” of the injunction orders passed by the Court.

The Court noted that despite the interim injunction against the Defendants’ use of the mark RAMADA, the defendants continued to use the injuncted marks through new infringing websites and social media posts, resulting in multiple applications being filed against them seeking directions against the breach of injunction.

Source: https://www.livelaw.in/high-court/delhi-high-court/delhi-high-court-ramada-hotel-trademark-infringement-suit-injunction-violation-consequences-236451

Amendment To IT (Intermediary Guidelines And Digital Media Ethics Code) Rules, 2021 Notified By The Ministry Of Electronics And IT (MeitY)

The Ministry of Electronics and ITvide notification dated April 6, 2023, issued the amendment to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The amendment includes provisions for a fact checking unit to verify false information about the government and provisions for allowing and regulating online games played for money. The amendment also provides for due diligence and grievance redressal mechanism for intermediaries.

The notification is accessible here.

Indian Trade Marks Registry Undertakes to Withdraw Public Notices for Abandonment of Trade Mark Applications before the Delhi High Court

A writ petition was filed before the Delhi High Court against the public notices dated February 6, 2023 and March 27, 2023, issued by the Office of CGPDTM regarding the abandonment of certain trademark applications. During the hearing, the CGPDTM undertook to withdraw the aforesaid public notices and revert all such applications to their original status within a period of 10 days from the date of the Court order viz., by April 23, 2023.

Source: http://164.100.60.183/dhcqrydisp_o.asp?pn=116145&yr=2023

Madras High Court Notifies Intellectual Property Rights Division Rules

The High Court of Madras has notified the Madras High Court Intellectual Property Rights Division Rules, 2022 (Rules) vide official gazette dated April 5, 2023 pursuant to the Tribunal Reforms Act, 2021 which abolished the Intellectual Property Appellate Board. The Intellectual Property Committee constituted by the High Court of Madras formulated the Rules. The Intellectual Property Division of High Court of Madras is the second specialised forum for Intellectual Property disputes and appeals.

Source: https://images.assettype.com/barandbench/2023-04/12eb073e-3f1a-4637-b31c-bfcaa6413d99/Madras_HC_IP_DivisionRules.pdf

Indian Trade Marks Registry Issues Public Notice Of Abandonment Of Trade Mark Applications

The Office of CGPDTM issued two public notices dated March 27, 2023 in the Trade Mark Journal No. 2097 in furtherance of the notices issued on February 6, 2023 regarding the abandonment of certain applications. The latest notices contain lists of applications which have now been formally deemed as abandoned for failure of filing a Counter Statement (to the Opposition) or Reply to the Examination Report within prescribed statutory deadlines. The aggrieved Applicants, whose marks have been erroneously mentioned in the list, are invited to bring notice of the error to the Grievance Cell of Trade Marks Registry within a period of 45 days from the date of this notice.

Sources: https://search.ipindia.gov.in/IPOJournal/Journal/ViewJournal; https://search.ipindia.gov.in/IPOJournal/Journal/ViewJournal

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