Category: Legal Issues

Recent Grant of Patent is Valid Ground of Defence for Refusal of Interim Injunction in Infringement Suits: Galatea Ltd & Anr. V. Diyora and Bhandari Corporation & Ors.

BRIEF FACTS Plaintiffs are Israeli companies, engaged in the business of developing and providing inclusion scanning methods in rough diamonds and the Defendants are Indian companies are also engaged in the business of manufacturing and providing inclusion scanning services and in some cases are engaged in selling of inclusion scanning machines and rendering inclusion scanning … Continue reading Recent Grant of Patent is Valid Ground of Defence for Refusal of Interim Injunction in Infringement Suits: Galatea Ltd & Anr. V. Diyora and Bhandari Corporation & Ors.

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Regulation of Content Available On Video-On-Demand Players Like Netflix, Amazon Prime, Zee5, Hotstar

There are various video-on-demand streaming (VOD) platforms like Netflix, Amazon Prime, Hulu, Hotstar etc. which provide online streaming services allowing people watch a wide-variety of contents like TV Shows, web-series, sitcoms, movies, documentaries etc. What makes these VOD’s different from a typical television channel or a movie theatre is that they allow the viewer to … Continue reading Regulation of Content Available On Video-On-Demand Players Like Netflix, Amazon Prime, Zee5, Hotstar

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Case Comment: M/S Shree Rajmoti Industries Vs M/S Shri Vishwaprabha Food

Brief Facts of the Case The plaintiff in this case claimed to be owner of the trademark “Rajmoti” that it adopted in 1962. The plaintiff used “Rajmoti” as a trademark as well as a distinctive logo for edible oils that included cotton seed oil and groundnut oil. The plaintiff later expanded the business to mineral … Continue reading Case Comment: M/S Shree Rajmoti Industries Vs M/S Shri Vishwaprabha Food

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Principles of Passing off In Trademarks: Wockhardt Limited Vs. Torrent Pharmaceuticals Ltd.

Background Torrent Pharmaceuticals Ltd. (Plaintiff/ Respondent) owned a trademark a trade mark called “CHYMORAL” and “CHYMORAL FORTE”, which is a drug administered post-surgically for swellings that may arise and/or wounds that may arise. They filed a suit for infringement and an interlocutory application for passing-off against the rival, Wockhardt Limited (Defendant/ Appellants) for violating its … Continue reading Principles of Passing off In Trademarks: Wockhardt Limited Vs. Torrent Pharmaceuticals Ltd.

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Miss Kajal Agarwal vs. The Managing Director, M/s V.V.D. & Sons Pvt. Ltd.

FACTS The Appellant is a well-known South Indian actress. The Respondent – Company entered into a advertisement agreement with the Appellant. It was contended that the parties have mutually agreed to the terms of the agreement and it was also agreed, in the written agreement which the appellant didn’t sign, that all the promotion/ advertisement … Continue reading Miss Kajal Agarwal vs. The Managing Director, M/s V.V.D. & Sons Pvt. Ltd.

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Nandini Or Nandhini – Similar Or Not?

FACTS Karnataka Cooperative Society, Respondent, started using the trademark ‘NANDINI’ for milk and milk products from the year 1985. The Appellants, Nandhini Deluxe adopted the mark ‘NANDHINI’ in 1989 in respect of their goods. The goods of both the parties fall under same class 29 and 30 an even though the both the parties have … Continue reading Nandini Or Nandhini – Similar Or Not?

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Meesha Novel Case

In this day and age, a microscopic scrutiny of the Government will show us we are only a deemed democratic nation and not one in actuality. If we truly had the rights that are listed in our supreme Constitution, there wouldn’t be any journalists and writers who fear for their lives simply because they have … Continue reading Meesha Novel Case

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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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