Category: Legal Issues

Case analysis: Whatman International Limited V. P Mehta & Ors.

The Delhi High Court, in a recent trademark matter before it, awarded exemplary compensation to the U.K. based plaintiff, Whatman International Limited in lieu of damage caused to its various intellectual property rights by the defendants since a period stretching over 25 years. The defendants had continually and persistently infringed trademark, copyright and trade-dress, while … Continue reading Case analysis: Whatman International Limited V. P Mehta & Ors.

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Case Study: Tea Board of India Vs. ITC Ltd.

What is GI? A Geographical Indication (GI) is defined in the TRIPS Agreement. The mark of GI acts as an indicator which identifies a good as which originates in the territory of a Member country, or a regional locality in that territory, which has a quality, reputation or other characteristic of the good because of … Continue reading Case Study: Tea Board of India Vs. ITC Ltd.

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Simmba Vs Simba: A Trademark Tussle

Context Before the release date, Rohit Shetty’s much-appreciated film ‘Simmba’ got into trademark squabble with ‘Sona Beverages Co. Ltd’. In November, the makers of Simmba were slammed with the allegation of trademark infringement of a beverage company in Delhi High Court. Chhattisgarh-based Company named Sona Beverages Co. Ltd owned the trademark ‘SIMBA’ for selling a … Continue reading Simmba Vs Simba: A Trademark Tussle

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Case Comment on Delhi High Court holding “No Deceptive Similarity in the marks “Officers’s Choice” & “Fauji”

Case comment: M/S Allied Blenders and Distillers Pvt. Ltd. v. Govind Yadav & Anr. The Hon’ble Delhi High Court has recently held that there is no deceptive similarity between the marks “Officer’s Choice” and “Fauji” and has rejected Allied Blenders and Distillers Pvt Ltd’s trademark infringement suit for its mark ‘Officer’s Choice’ against the owner of … Continue reading Case Comment on Delhi High Court holding “No Deceptive Similarity in the marks “Officers’s Choice” & “Fauji”

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Admissibility of a Composite Suit For Design Infringement And Passing Off

Background Trademark and designs are two distinct branches of IP law however often said to be overlapping. Besides logo, slogans, and other marks, a trademark also covers the shape of goods, their packaging and color combinations and on the other hand a product or container shape can also be a design under Designs Act, 2000. … Continue reading Admissibility of a Composite Suit For Design Infringement And Passing Off

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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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