Category: Legal Issues

Online Rummy – A Game of ‘Mere Skill’: The Stand taken by Kerala High Court

Despite having had numerous judgments ranging from various High Courts across the past several years, the questions pertaining to what amounts to a game of skill and what amounts to mere gambling or a game of chance. Recently, this question was brought before the High Court of Kerala when the notification dated 23rd February 2021 … Continue reading Online Rummy – A Game of ‘Mere Skill’: The Stand taken by Kerala High Court

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The Satan Shoe Case: An Analysis of the Trademark Tussle between Nike and MSCHF

Commerce, fashion and branding giant Nike got into a trademark tussle yet again as recently as five months ago when Nike sued Brooklyn based MSCHF Product Studio Inc. over its latest launch of the Satan Shoes in collaboration with the Atlanta based artist “L’il Nas X” over his recent release of “MONTERO (Call me by … Continue reading The Satan Shoe Case: An Analysis of the Trademark Tussle between Nike and MSCHF

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Publicity Rights in India: Need for Post-Mortem Recognition

Right to Publicity relates to the right to control one’s identity and ensure protection against any unauthorized use. These rights have been traditionally associated and have been regarded as a facet of the right to privacy of an individual. However, lately, these rights have assumed significance in matters pertaining to intellectual property (“IP”). This is … Continue reading Publicity Rights in India: Need for Post-Mortem Recognition

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IP Battle of the Packaging Containers

Facts: In a recent ongoing battle between two packaging companies, the Indore High Court, on 01.09.2021, finally passed a judgment in favor of the Defendants. The Defendants, in this case, were represented by Adv. Neeraj Grover was assisted by Abhijeet Deshmukh, Meenakshi Orga, and Suvanagana Agarwal of Khurana & Khurana- IP Advocates and Attorneys. Arguments: … Continue reading IP Battle of the Packaging Containers

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Altpass LLC Files Patent Infringement Suit Against Apple Over iPhone Security Tools

Altpass LLC, a non-practicing entity has filed a patent infringement lawsuit against technology conglomerate Apple Inc at the US District Court for the Western District of Texas in August 2021. Altpass contended that certain iPhone security features such as passwords, methods of creating digital signatures, and other technologies behind unlock features, infringed upon patents that … Continue reading Altpass LLC Files Patent Infringement Suit Against Apple Over iPhone Security Tools

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Enforceability of Emergency Awards Passed in Foreign-Seated Arbitration

Introduction Recently the Supreme Court of India in Amazon.com NV Investment Holdings LLC vs. Future Retail Limited settled the dispute revolving around the Emergency Arbitration with Justice Nariman and Justice Gavai holding it to be included within section 17(2) of the Arbitration and Conciliation Act, 1996. This is a significant step towards India becoming a … Continue reading Enforceability of Emergency Awards Passed in Foreign-Seated Arbitration

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Legal Position in India Pertaining to Infringement of Right to Publicity of a Celebrity

It is a well-known fact that celebrities have a great impact on the audience and therefore, the advertisement industry hugely expends in collaborating with the celebrities in order to expand their brand value in the market. With the great potential and incentives that this endeavor brings, there is also another side to the story where … Continue reading Legal Position in India Pertaining to Infringement of Right to Publicity of a Celebrity

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Key Judicial Elucidations: Amazon v. Future Retail Limited & Ors.

The Hon’ble Supreme Court of India settled the question of enforceability of a foreign arbitral award in Amazon.com NV Investment Holdings LLC v. Future Retail Limited and Ors. The Apex Court held that an award delivered by an emergency arbitrator under the rules of a foreign seated arbitration is an Order under Section 17(1) of … Continue reading Key Judicial Elucidations: Amazon v. Future Retail Limited & Ors.

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Double Patenting and Where it Stands as per Delhi High Court

In a recent Judgement by Delhi High Court on 02.11.2020 (CS (Comm) 410/2020 AstraZeneca Ab & Anr v Alkem Laboratories), AstraZeneca (Plaintiff), a reputed British-Swedish multinational Pharmacy & Biotechnology company, was denied an Application under Order 39 Rule 1 &2 under the CPC for grant of Temporary Injunction against Alkem Laboratories (Defendants). It was contended … Continue reading Double Patenting and Where it Stands as per Delhi High Court

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Davis v. Pinterest, Inc.: The Road Map to Contributory Infringement Suits

“The one who distributes, with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.” The concept of contributory copyright infringement thus stems from the law of torts which basically purports that … Continue reading Davis v. Pinterest, Inc.: The Road Map to Contributory Infringement Suits

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