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March, 2023 | Khurana and Khurana
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Month: March 2023

Milaap Social Ventures India Pvt. Ltd. vs. Google India Pvt. Ltd.

Introduction The plaintiff filed a lawsuit for an injunction to stop the defendants and respondents from using the trademark “MILAAP” illegally. The petitioners/plaintiffs in the lawsuit assert that they registered a trademark application for the registration of their mark after incorporating their office in Singapore and then in India. According to the plaint, the petitioners … Continue reading Milaap Social Ventures India Pvt. Ltd. vs. Google India Pvt. Ltd.

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Can passing of a Resolution Plan obliterate proceedings under section 138 of NI Act?

Introduction The Supreme Court of India vide its order dated 28th March, 2022 in Narinder Garg v. Kotak Mahindra Bank Ltd. (“Narinder Garg”) decided upon the effect of the passing of a resolution plan, under section 30(4)  of the Insolvency and Bankruptcy Code, 2016 (“IBC”), on the validity of proceedings under section 138 of the … Continue reading Can passing of a Resolution Plan obliterate proceedings under section 138 of NI Act?

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Case Analysis: Pandrol Limited & Anr. v. Patil Rail Infrastructure Pvt.

Introduction The Plaintiff no.1 is the industry leader in rail fastenings and track elasticity solutions headquartered in the United Kingdom. The plaintiff no.2 is a joint venture between the plaintiff no.1 and Rahee Industries Ltd. The defendant no.1 is a company in the business of dealing in railway track engineering. Defendants no.2 to 5 are … Continue reading Case Analysis: Pandrol Limited & Anr. v. Patil Rail Infrastructure Pvt.

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Doctrine Of Equivalents: An Approach To Analyse Patent Infringement

Introduction The advancement of new technologies throughout time has led to an unprecedented increase in patent-related conflicts. A patent is granted by a patent office, which is a monopoly right for a novel, useful, and non-obvious innovation. A patent holder has the right to prevent others from using their invention, and they are entitled to reasonable … Continue reading Doctrine Of Equivalents: An Approach To Analyse Patent Infringement

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Relief for Body Cupid Private Limited – Karnataka High Court restrains the sale of products under the marks which are identical and similar to Wow Skin Science

Body Cupid Private Limited, a leading manufacturer of premium-quality personal care and wellness products, owns the brands WOW SKIN SCIENCE, WOW LIFE SCIENCE and BODY CUPID. The products under the brand, are being sold under the brand since the year 2014. Recently, Body Cupid became aware that one Mr. Gaurav Bhadani, through Mahadev Enterprises based … Continue reading Relief for Body Cupid Private Limited – Karnataka High Court restrains the sale of products under the marks which are identical and similar to Wow Skin Science

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Analysis of Recent Amendments made in Allocation of Business Rules, 2020: With respect to Digital Media.

Introduction We all know that media has the power to influence public perceptions. Since time immemorial we have seen that the power of media across the globe no matter, the medium of transforming ideas is offline or virtual. The changing times warrant a revision of the changing ideas of media and technology. As we see … Continue reading Analysis of Recent Amendments made in Allocation of Business Rules, 2020: With respect to Digital Media.

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Asstt. IT v. Saurashtra Kutch Stock Exchange Ltd. Case Analysis – [2008] 173 Taxman 322 (SC)

Statement Of Problem The present research focuses on critically analyzing the case of Asstt. IT v. Saurashtra Kutch Stock Exchange Ltd of Taxation-I The research in this furtherance has analyzed the issues which were discussed in the instant case and what could be the proximate solution to such issues. Therefore, the researchers have tried to … Continue reading Asstt. IT v. Saurashtra Kutch Stock Exchange Ltd. Case Analysis – [2008] 173 Taxman 322 (SC)

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A Critical Analysis On The Determination Of Copyright Infringement In Sound-Alike Songs With Reference To “Ed Sheeren Vs Sami Chokri

Introduction Humans and music have been entwined from the beginning of time. Various kinds of expression are subject to an identical criterion for copyright infringement. However, because of its distinctive characteristics, musical expressiveness presents significant difficulties for courts adjudicating infringement issues. Contrary to literature or physical manifestations of art such as paintings and sculptures, music is … Continue reading A Critical Analysis On The Determination Of Copyright Infringement In Sound-Alike Songs With Reference To “Ed Sheeren Vs Sami Chokri

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Delhi Hc’s Subway Judgement: When Is A Trademark Not Seen ‘As Whole’?- Part I

Introduction Recently a single bench of the Delhi HC gave an order in Subway IP LLC v. Infinity Foods & Ors.[1] (‘Subway’) using the rule of Anti-Dissection. In this case, although the single bench acknowledged the rule of Anti-Dissection but took a calculated detour to appreciate a dominant element of the two competing marks to … Continue reading Delhi Hc’s Subway Judgement: When Is A Trademark Not Seen ‘As Whole’?- Part I

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Case analysis: ISKCON v. ISKCON Apparel Pvt. Ltd.

Introduction According to Investopedia a trademark is any name, sign, design, logo, or symbol that serves to distinguish the goods of one business from those of another[i]. However, Section 2(1)(zb) of the Trade Marks Act, 1999, defines ‘trademark’ as a mark which is capable of being represented graphically and capable of distinguishing the goods or … Continue reading Case analysis: ISKCON v. ISKCON Apparel Pvt. Ltd.

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