2017-TIOLCORP-04-HC-DEL-IPR

Mother Dairy Fruit And Vegetable Pvt Ltd Vs S K Raheem

Whether permanent injunction can be granted against a trademark if such trademark is deceptively and confusingly similar to the original logo/mark of the trademark owner - YES: HC

Whether infringement of the mark "MOTHER DAIRY" can be established if a deceptively similar mark is being used in respect of identical products marketed through same trade channels - YES: HC

Whether damages for infringement can be granted when there is nothing before the court to assess the losses suffered by the trademark owner - NO: HC

- Case allowed: DELHI HIGH COURT

2017-TIOLCORP-03-HC-DEL-IPR

Myspace Inc Vs Super Cassettes Industries Ltd

Whether internet intermediary would be entitled to safe harbour provisions under section 79 of IT Act, when it has exercised due diligence with respect to content being uploaded and copyright owner having failed to specify the exact nature of infringed content - YES: HC

Whether grave damage would be caused to the internet intermediary if the copyright owner demands it to remove infringing content from its website without mentioning specific titles or locations of such content - YES: HC

Whether an internet intermediary would fall within Section 2(1)(w) and qualify as such because it acts as a "conduit"/ portal for information where users can upload and view content - YES: HC

Whether Proviso to Section 81 of the IT Act would not preclude an internet intermediary from claiming protection u/s 79 of IT Act provided the intermediary follows due diligence and complies with the provisions of Section 79 - YES: HC

Whether the protection u/s 79 can be denied when the intermediary fails to take down infringing content inspite of copyright owners informing the intermediary specifically about the same - YES: HC

- Appeal allowed: DELHI HIGH COURT