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Amidst the substantial discourse concerning the provisions of the India’s Digital Personal Data Protection Act of 2023 (“DPDP Act”), a provision of considerable significance, particularly when viewed through the perspective of a litigator, has largely escaped attention. Section 38 of the Act provides that the “…provisions of this Act shall be in addition to and…

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 Builder to refund the amount collected from the…

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 the Delhi High Court in 2019, challenging the…

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 the respective marks of both the parties: The…

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 was an obvious imitation of the Plaintiff’s design. It…