Category: Legal Issues

Brand Protection: A Lesson from Louboutin

In todays’ consumerist day and age, the brand value of a company is key to its profits. It takes years to set up a unique brand that appeals to consumers and becomes a leader in its sector of the economy. Various factors such as intensive research and development, smart marketing and, publicity contribute to building … Continue reading Brand Protection: A Lesson from Louboutin

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Fluentgrid Limited Vs. Esyasoft Technologies Private Limited And Others

Fluentgrid Limited, Plaintiff, is a Indian company, which has been carrying out its business in India since the year 1998. It is engaged in providing information technology services through Smart Grid Products under its registered trademark, “mpower” and domain name www.fluentgrid.com, along with its website www.nxter.io, which is its cloud solution for energy retailers. The … Continue reading Fluentgrid Limited Vs. Esyasoft Technologies Private Limited And Others

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Trademark Suit Filed For Infringement/ Passing Off Was Successful At the First Stage

(L’AirLiquideSocieteAnonyme  pour  l’etude  et l’exploitation  desprocedes  Georges  Claude  and Anr vs. Liquid air & Ors.)  L’AirLiquideSocieteAnonyme  pour  l’etude  et l’exploitation  desprocedes  Georges  Claude  and Anr, Plaintiff No. 1, a company incorporated under the laws of France and operating in Indian territory through Air Liquide India Holding Private Limited,  Plaintiff no. 2 under the trade name … Continue reading Trademark Suit Filed For Infringement/ Passing Off Was Successful At the First Stage

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Analysing Anuradha Doval V. Controller: A Revisit To Prior Publication And Novelty In Designs

Exactly a year back, Calcutta High Court gave an elaborate judgement discussing the conditions for grant of design. The case holds relevance as it discusses element of Novelty and Prior Publication in detail. This post will try to comprehensively analyse the case. FACTS The design-in-dispute is a bottle cap under class 09-01 bearing Application No. … Continue reading Analysing Anuradha Doval V. Controller: A Revisit To Prior Publication And Novelty In Designs

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Diet Sabya – The New Call Out On Copyright And Fashion

“The motifs on my jackets were hand-drawn and hand-embroidered. The collection is still selling, and one piece is sold for Rs. 40,000. However, one brand is re-creating the motifs as digital prints and selling it for Rs. 1,500.                                   … Continue reading Diet Sabya – The New Call Out On Copyright And Fashion

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Joinder Of Parties

There is always a concern while filing a suit as to whether all the parties concerned have been taken into account or not. Further, if any party is missed, can that party be joined in a suit at a later point of time is another issue to be pondered upon. Fortunately, Code of Civil Procedure, … Continue reading Joinder Of Parties

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Violation Of Moral Right In Light Of ‘Ghar Se Nikalte Hi’- Will This Be An Eye Opener For The Trend Of Remixes?

“Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.” [1] The foundation of this concept was laid in the case of Amarnath Sehgal v. Union of India[2]. This was a landmark judgement delivered by the Delhi High Court … Continue reading Violation Of Moral Right In Light Of ‘Ghar Se Nikalte Hi’- Will This Be An Eye Opener For The Trend Of Remixes?

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Sphaera Pharma, Pte. Ltd. And Anr. Vs Union Of India

Delhi High Court Decides upon Delay in Filing a Patent Examination Request Introduction The question regarding the condonation of delay in the filing a request for examination of a patent application was once again decided by the Hon’ble Delhi High Court in the case of Sphaera Pharma, Pte. Ltd. And Anr.Vs Union Of India. The Hon’ble … Continue reading Sphaera Pharma, Pte. Ltd. And Anr. Vs Union Of India

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Are IP Disputes Arbitrable In India? And To What Extent?

The Alternative methods of dispute resolution have eventually acquired a huge popularity and utility in the commercial and business- commerce sector. One of the most utilised methods is the arbitration, most of the parties associated with the commercial transaction nowadays prefer to opt for arbitration for the settlement of any kind of dispute. Arbitration in … Continue reading Are IP Disputes Arbitrable In India? And To What Extent?

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Referential Names & Intellectual Property Infringement

With progression of time we are witnessing the rise of Intellectual Property (IP) issues in India across industries. Every new case raises a few new questions and simultaneously rests some old ones. While traditionally IP disputes arose mainly in the pharma  and software industries, recent trends have shown a noticeable surge in other industries including … Continue reading Referential Names & Intellectual Property Infringement

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