On November 27, the Delhi High Court directed the Trade Marks Registry to transfer to it the complete files of five trademark rectification cases that were pending before it.

The ongoing conflict involves Jumeirah Beach Resort's registered trademark 'Burj Al Arab' and Designarch Consultants' registered trademarks 'BURJ NOIDA' and the device (as shown in the image above). Jumeirah filed trademark infringement and passing off proceedings against Designarch in the Delhi High Court, and the case is currently pending adjudication. Jumeirah had also filed trademark rectification petitions for Designarch's trademarks before the former Intellectual Property Appellate Board (IPAB), which were later transferred to the High Court in light of the Tribunal Reforms Act, 2021, which abolished the IPAB.

While directing a transfer of the rectification proceedings instituted by Designarch, the Court noted that, under the Tribunal Reforms Act of 2021 and the Delhi High Court Intellectual Property Rights Division Rules of 2022 (IPD Rules), the High Court is the successor of the IPAB and has effectively stepped into the shoes of the erstwhile IPAB with respect to the appeals filed against the Registrar of Trade Marks' decisions. As a result, all proceedings that were previously to be adjudicated by the IPAB are here before the High Court.

The Court also interpreted Rule 26 of the IPD Rules, noting that the provision's first sentence allows consolidation of "proceedings" "where there are multiple proceedings relating to the same or related IPR subject matter." It was noted that the second statement's restrictive wording, which limits consolidation within the "commercial court," cannot limit the scope of the first sentence. It observed that the intent and purpose of Rule 26, however it is worded, is obviously to ensure that proceedings relating to the same or related IPR subject matters are heard together, and that if any such proceedings are currently on hold before the IPD of this Court, all connected and linked court cases will also be heard by it.