Influencer's critical posts aren't trademark infringement: Delhi HC

Justice Anup J. Bhambhani of the Delhi High Court ruled that influencer Vishal Rattewal's use of Niva Bupa's trademark in critical social media posts was not use "in the course of trade" under Section 29 of the Trade Marks Act, 1999, so the insurer's suit was not maintainable before the court's Intellectual Property Division and filing it there amounted to misuse of that special jurisdiction (LiveLaw Biz). The court let Niva Bupa withdraw the suit — which sought removal of the posts from Instagram, Facebook, YouTube and X, an apology and ₹5 crore in damages — with liberty to refile as an ordinary civil suit, but only after paying notional costs of ₹1 to Rattewal. (Livelawbiz)

• Justice Anup J.
• Bhambhani of the Delhi High Court ruled that influencer Vishal Rattewal's use of Niva Bupa's trademark in critical social media posts was not use "in the course of trade" under Section 29 of the Trade Marks Act, 1999, so
• The court let Niva Bupa withdraw the suit — which sought removal of the posts from Instagram, Facebook, YouTube and X, an apology and ₹5 crore in damages — with liberty to refile as an ordinary civil suit, but only after