Category: Legal Issues

Cultural Appropriation and Trademark Law

Kim Kardashian West, the popular American media personality, described by her critics and admirers of being ‘famous for being famous’ was recently in news this June after receiving a wave of backlash on social media against the decision to name her new shapewear line “Kimono” which is also a traditional Japanese robe garment. The issue … Continue reading Cultural Appropriation and Trademark Law

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Amway India Enterprises Pvt. Ltd. v. 1Mg Technologies Pvt. Ltd. & Anr.

The Plaintiff has filed the present case in front of the Delhi High court with an allegation that the defendant is selling their product ultra vires the direct selling guidelines and that too illegally. The plaintiff seeksperpetual and mandatory injunction restraining the Defendants from committing tortious and illegal acts and indulging in unfair competition as … Continue reading Amway India Enterprises Pvt. Ltd. v. 1Mg Technologies Pvt. Ltd. & Anr.

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Importance of Design as an IPR

An industrial design may constitute the ornamental or aesthetic aspect of an article. It may consist of 3-D features such as the shape of an article, or 2-D features, such as patterns, lines or color.[1] India has seen the evolution of design as an important fragment of the intellectual property family in protecting the aesthetic … Continue reading Importance of Design as an IPR

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Pepsico Vs Farmers ( A Case of Misplaced Priorities or Possibility of Laying Down A News Precedent?)

Introduction: Recently, a big controversy caught everyone‘s attention, when corporate behemoth PepsiCo was in the news for suing some farmers in Gujarat, India, for cultivating a variety of potato that the multinational claimed was its own. The controversy evoked strong reactions from politicians, farmers and activists alike. This article shall discuss the proverbial David v. … Continue reading Pepsico Vs Farmers ( A Case of Misplaced Priorities or Possibility of Laying Down A News Precedent?)

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Vesuvius India Ltd. vs. Fenace Auto Ltd.

The existence of I&B Code has systemized the process of insolvency but in this process, there is no statement as to differentiation among the different creditors while repaying the debt. The recent tiff witnessed has been between the two companies “Vesuvius India Ltd.” and “Fenace Auto Ltd.” FACTS OF THE CASE: A company petition was … Continue reading Vesuvius India Ltd. vs. Fenace Auto Ltd.

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Amtek Auto Ltd. Restarts Insolvency Proceedings- Did Liberty House escape the Liability?

IBC encompasses the provision of an early insolvency process, the process for insolvency of a company which can be initiated at the time when an alarm is raised as to the default in repayment of loans by the Company. The provision is a boon to the creditors as they can claim for a resolution for … Continue reading Amtek Auto Ltd. Restarts Insolvency Proceedings- Did Liberty House escape the Liability?

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Entrusting Legal Personality to Animals: The Story begins here!

Amidst a society of humans what humans often forget to do is to behave humanly. We as human being the most powerful species living are the ones to decide that sentience and a legal personality should only be our right. We have taken an undue advantage on being the superior ones and have acted noting … Continue reading Entrusting Legal Personality to Animals: The Story begins here!

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Dhanpat Seth And Others Versus M/S Nilkamal Plastic Ltd.

Recently in 2018, the Himachal Pradesh High Court passed a judgement revoking a patent granted for a device used for manually hauling of agricultural produce. The judgement has been a landmark for subjects involving both infringements as well as revocation of patents. Facts of the Case The plaintiffs filed a suit against the defendants for … Continue reading Dhanpat Seth And Others Versus M/S Nilkamal Plastic Ltd.

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Vior (International) Ltd. and Ors. v. Maxycon Health Care Private Limited and Ors.

In 2018, the Delhi High Court in the case of Vior (International) Ltd. and Ors.vs. Maxycon Health Care Private Limited and Ors., the Delhi High Court pronounced a judgement holding that the right of the Plaintiffs was violated by the defendants and that the same amounts to infringement. Reliefs were granted to the plaintiffs under … Continue reading Vior (International) Ltd. and Ors. v. Maxycon Health Care Private Limited and Ors.

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Pradeep Sharma & Anr v. UPL Ltd.

This is a judgement by the Delhi High Court in April 2018 where the plaintiff sued the defendants alleging that their patents were being infringed by the defendant. The plaintiff (UPL Ltd.) was granted 3 patents: IN 206130: “a chemically stable synergistic herbicidal composition” (a product patent) IN 194225: “a process of preparing a chemically … Continue reading Pradeep Sharma & Anr v. UPL Ltd.

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