Month: March 2020

Advisory on Conducting Legal Audit to Review Legal Aspects / Functions Related to Business Operations

Amid Covid-19 outbreak, our Hon’ble Prime Minister of India while addressing the nation dated 24.03.2020 announced 21 days precautionary lockdown to break the chain of the existing pandemic situation. The step is indeed commendable; however, the same will surely have an economic impact on the businesses. With travel restrictions, cancellations of all types of transport, … Continue reading Advisory on Conducting Legal Audit to Review Legal Aspects / Functions Related to Business Operations

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How To Recognize Well-Known Trademarks In India

Well-known Trademark plays an important role in global markets and in identifying symbols and sign that are widely known to the significant general public and enjoys a fairly high reputation. The first time Well-Known trademark was discussed was in the Paris Convention of Industrial property in 1883, wherein the said convention set out certain guidelines … Continue reading How To Recognize Well-Known Trademarks In India

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Dilemma between Filing an Appeal vs. Order 39 Rule 4 Application in Injunctions Granted Under Order 39 Rules 1 and 2

The efficacy of substantive laws depends, to a large extent, upon the quality and clarity of the procedural laws. Unless the procedure for enforcing rights is simple, effective, expeditious, inexpensive and unambiguous, substantive laws, however well they may have been drafted, would fail in their purpose and object. As observed by Sir Henry Maine, “Procedure … Continue reading Dilemma between Filing an Appeal vs. Order 39 Rule 4 Application in Injunctions Granted Under Order 39 Rules 1 and 2

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Important Note On Recent Notifications Issued By Various IP Offices Of India In View Of Covid-19 Outbreak

Various Intellectual Property Offices of India recently issued certain notifications in view of the coronavirus disease (COVID 19) outbreak in India. The notifications were issued between March 13, 2020 and March 19, 2020 primarily adjourning hearing and other proceedings originally scheduled till March 31, 2020. Provided herein below is a short summary of the developments … Continue reading Important Note On Recent Notifications Issued By Various IP Offices Of India In View Of Covid-19 Outbreak

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Intercity Hotel GMBH v. Hotel Intercity Delhi and Others

2019 SCC OnLine Del 7644 PARTIES The Plaintiff; Intercity Hotel GMBH is in the business of providing temporary accommodations with food and drinks. The Defendant Hotel Intercity Delhi is also in the business of providing temporary accommodation with food and drinks and is operating a hotel in Karol Bagh. BRIEF FACTS Plaintiff’s trademark INTERCITYHOTEL is … Continue reading Intercity Hotel GMBH v. Hotel Intercity Delhi and Others

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Tea Board, India v. ITC Limited

C.S. No. 250 of 2010  PARTIES The Plaintiff is Tea Board of India which is a state agency of the Government of India established to promote the cultivation, processing, and domestic trade as well as export of tea from India The Defendant is ITC Ltd. a multinational conglomerate company headquartered at Kolkata, West Bengal. BRIEF … Continue reading Tea Board, India v. ITC Limited

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To Sue or Not To Sue Ashok Kumar?

An Analysis of John Doe Orders in the Light of Fundamental Right to Access to Internet In the year 2016, when a message had started appearing on websites, that stated that watching pirated films could result in a fine of Rs. 3 lakh and up to a 3 year prison-term,Justice G.S. Patel of Bombay High … Continue reading To Sue or Not To Sue Ashok Kumar?

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Right of Publicity in Video Games

INTRODUCTION TO THE RIGHT OF PUBLICITY Under the US law, the right of Publicity has an origin in the acknowledgment of the personal right to privacy. This right was first recognised in the United States in the second circuit court decision of Haelan Laboratories Inc v Topps Chewing Gum Inc [1] which involved dispute pertaining … Continue reading Right of Publicity in Video Games

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Copyright infringement in the matter of Shivani Tibrewala v/s Rajat Mukherjee

PARTIES Plaintiff: Shivani Tibrewala Defendant: Rajat Mukherjee, Welcome Friends Productions LLP, Rohit Sehtia, Amrit Sethia, S.O.I.E. Ginza Industries Ltd. BRIEF FACTS The Plaintiff has filed the present infringement of copyright suit against the Defendant alleging that the Defendant’s cinematographic work named “Umeed” is a substantial reproduction or altered copy of the Plaintiff’s script of the … Continue reading Copyright infringement in the matter of Shivani Tibrewala v/s Rajat Mukherjee

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Crocs Inc. v. Bata India Ltd. and Others

2019 SCC  OnLine Del 6808 PARTIES The Appellate is Crocs Inc; The Respondents are, inter alia, Bata  India Ltd.,  Liberty  Shoes Ltd., Action     Shoes    Pvt.     Ltd.,     Aqualite     India    Ltd.,     Bioworld Merchandising India Ltd., Relaxo Footware Ltd., and Kidz Palace. BRIEF FACTS The Plaintiff was unsuccessful in a suit filed for design infringement as the designs … Continue reading Crocs Inc. v. Bata India Ltd. and Others

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