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ARTICLE · 22 APRIL 2016

Delhi High Court Relief To Apple For The 'Splitview'

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The Division Bench of the Delhi High Court has recently vacated the ex-parte ad-interim injunction order dated March 01, 2016 granted to the original plaintiffs by the learned Single Judge in Rohit Singh and Anr. v. Apple Inc.

IndiaIntellectual Property
Lucy Rana
Lucy Rana
Tulip De
Tulip De
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The Division Bench of the Delhi High Court has recently vacated the ex-parte ad-interim injunction order dated March 01, 2016 granted to the original plaintiffs by the learned Single Judge in Rohit Singh and Anr. v. Apple Inc [CS (COMM) 153/2016]. The Division Bench found that on the existing material before the learned Single Judge, case was not made out to grant ex parte ad interim injunction because an ex-parte ad-interim injunction in a matter concerning trademark violation should ensue only if a very strong prima-facie case is made out with respect to a trademark which is inherently distinctive.

Brief background

The Single Judge of the Delhi High Court vide order dated March 1, 2016 had directed the US technology major, Apple Inc, not to use the name 'SplitView' in any of its products or services such as iPad, iPhone, iOS, etc. after a little known Delhi-based software company Vyooh Low Level Computing LLP (hereinafter refered to as 'Vyooh') moved court,

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