Category: Legal Issues

TikTok, Clock Ticks?

TikTok is a video sharing application that allows users to create and share 15 second videos, owned by the Chinese company ByteDance, after merging with its predecessor- Musical.ly. The App allows its users to record their reactions to videos and further edit them with filters, music, animation, special effects etc., and like all other social … Continue reading TikTok, Clock Ticks?

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Counterfeit Probiotic Gets Ok by Delhi High Court

In a surprising judgement by J. Rajiv Sahai Endlaw in the case of Dr. Claudia de Simone & Anr v Actial Farmaceutica Srl & Ors, the Delhi High Court refused to grant injunction for the production of a counterfeit drug rejected by the Drug Controller General of India (DCGI), which was now being sold as … Continue reading Counterfeit Probiotic Gets Ok by Delhi High Court

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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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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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Bigtree Entertainment Pvt Ltd vs D Sharma & Anr

2019(77)  PTC  411(DEL) PARTIES The  Plaintiff,   Bigtree   Entertainment owns  India’s largest  Online Ticketing portal “BookMyShow” Online since 2007, the business online ticketing for movies in cinemas like   PVR,  INOX, SPI  and Justickets; sporting extravaganzas like  IPL, ISL, IPTL and even music concerts like Sunburn, EVC all of who are official partners. The   Defendants,    D.   Sharma owns … Continue reading Bigtree Entertainment Pvt Ltd vs D Sharma & Anr

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