Tag: jurisdiction

Determination Of Jurisdiction In The Cyberspace From The Perspective Of Trademark Disputes, With Respect To CPC And Trademarks Act

Introduction In the Age of “If your business is not on the internet, then your business will be out of business”, it naturally follows that more and more disputes arise from forums operating in the nebula that is the World Wide Web. Section 20(c) of CPC, and more specifically, Section 134(2) of the Trademarks Act … Continue reading Determination Of Jurisdiction In The Cyberspace From The Perspective Of Trademark Disputes, With Respect To CPC And Trademarks Act

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Legal Action Against Kantara’s “Varaha Roopam”: What Did the Courts Say?

ABSTRACT [Image Sources : India Today] In 2022, a Kannada action-drama film named “Kantara” written and directed by Rishab Shetty and produced under the banner of Hombale films received huge box office success and was acclaimed by critics all over the country. However, soon after its release on 30th September, the blockbuster film was subjected … Continue reading Legal Action Against Kantara’s “Varaha Roopam”: What Did the Courts Say?

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The Commercial Courts Act 2015 And Jurisdiction

The Commercial Courts Act  2015 was introduced by the government to reduce the pendency of the Commercial Disputes which earlier were dealt with under the category of regular suits. This step taken by the government has well enabled both domestic and foreign investors to gain trust in the Indian markets. The Commercial Courts Act 2015 … Continue reading The Commercial Courts Act 2015 And Jurisdiction

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Scope Of NCLT & NCLAT’s Powers Under Section 7 Of IBC, 2016

INTRODUCTION The NCLT was established under Section 408 of the Companies Act, 2013 18 of 2013 w.e.f 01st June 2016 to exercise and discharge all duties and functions conferred on it by or under this Act or any other law in force at the time. The IBC’s institutional foundation called for the creation of a … Continue reading Scope Of NCLT & NCLAT’s Powers Under Section 7 Of IBC, 2016

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Importance Of Raising Plea Of Invalidity Of Registration Of Trade Mark Within Prescribed Timeline: An Analysis

The Hon’ble Apex Court in the case of Patel Field Marshal Agencies Vs. P.M. Diesels Ltd. &Ors. [1] threw light upon the said issue of invalidity. PATEL FIELD MARSHAL AGENCIES vs. P.M. DIESELS LTD. & ORS. Parties: Respondent is the registered owner of 3 trademarks, the common feature of all which is the words “Field … Continue reading Importance Of Raising Plea Of Invalidity Of Registration Of Trade Mark Within Prescribed Timeline: An Analysis

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Online Disputes and Forum Jurisdiction

The Delhi high court on 3rd January, 2018 in Impresario Entertainment & Hospitality Pvt. Ltd. vs S&D Hospitality[1], took a different view with respect to the Internet jurisdiction[2]. In the above case, plaintiff sought permanent injunction against the defendants who was running a restaurant at Hyderabad, under  the impugned trademarks ‘SOCIAL’ and ‘STONE WATER’ and … Continue reading Online Disputes and Forum Jurisdiction

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