Category: Legal Issues

Looking Into The Deal Between GSK – Hindustan Unilever And What Ensues From The Same

INTRODUCTION Recently,  in the first week of  December 2018, Hindustan Unilever announced  a merger with the local unit of GlaxoSmithKline.  The said deal is estimated to be of around $ 3.8 Billion and is anticipated to bolster the FMCG company’s (Fast Moving Consumer Goods)  (HUL ) position in the Indian market  significantly.  The deal involves … Continue reading Looking Into The Deal Between GSK – Hindustan Unilever And What Ensues From The Same

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Sports Law in India

Introduction India is a place that is known for umpteen games. While sports like cricket have been pursued like a religion, present occasions have achieved a dynamic and numerous different games are being pursued currently more than ever. As the type of amusement has developed significantly and India has turned into an overflowing scene for … Continue reading Sports Law in India

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Case Study: Zee Entertainment Enterprises limited v. Sony Pictures Networks India Private limited” : Copyright Protection with respect to Reality T.V. shows

INTRODUCTION Copyright Law in India is governed by the Copyright Act, 1957. Section 13 of the Act defines the scope of existence of copyright by listing those works in which copyright subsists. Section 14 defines the meaning of copyright and describes the exclusive rights given to the author of the work. This Article analyses Copyright … Continue reading Case Study: Zee Entertainment Enterprises limited v. Sony Pictures Networks India Private limited” : Copyright Protection with respect to Reality T.V. shows

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Carlsberg Breweries V Som Distilleries And Breweries Ltd: Delhi High Court Upholds The Maintainability Of Composite Suit For Design Infringement And Passing Off

Introduction In a recent judgment dated December 14, 2018, a five-judge bench of Delhi High Court has ruled that a plaintiff can join two causes of action: one of infringement of the registered design of the plaintiff and the second of the defendant passing off its goods, against one defendant in a composite suit. Through … Continue reading Carlsberg Breweries V Som Distilleries And Breweries Ltd: Delhi High Court Upholds The Maintainability Of Composite Suit For Design Infringement And Passing Off

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A Tale of Restasis: Misadventures of Sovereign Immunity

Allergan’s “Restasis®” is a branded ophthalmic cyclosporine emulsion, for the treatment of chronic dry eye, with annual sales of nearly $1.5 billion. Original patent covering the Restasis formulation (US 5,474,979), was set to expire in 2014. In an attempt to protect its Restasis franchise, Allergan filed more patents, covering the “specific formulation and the method … Continue reading A Tale of Restasis: Misadventures of Sovereign Immunity

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Back-To-Back Victories for Christian Louboutin in IP Infringement Suits: E-Commerce Websites Are Also Accountable For the Sale of Counterfeit Products Online

After winning exclusive ownership of its trademark “Red Sole” design in an infringement suit, Christian Louboutin has yet again made headlines in another trademark infringement suit against e-commerce website www.darveys.com, which allegedly sold counterfeited or fake products on their website claiming them to be original products of the world-renowned luxury brand. This latest judgment has … Continue reading Back-To-Back Victories for Christian Louboutin in IP Infringement Suits: E-Commerce Websites Are Also Accountable For the Sale of Counterfeit Products Online

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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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