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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
Read more »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.
Read more »An Analysis On Recent Developments Of Piercing Of Corporate Veil Vis-a-Vis Digital Radio (Mumbai) Broadcasting Ltd V Union Of India.
Introduction The present case stems from two similar writ petitions filed by Digital Radio (Mumbai) Company and Digital radio (Delhi) Company (hereinafter, “Mumbai and Delhi company”), both in the business of running entertainment channel cum broadcasting songs. Both the companies are running Red FM 93.5 channels for Mumbai and Delhi, respectively, under the Phase-II licensing … Continue reading An Analysis On Recent Developments Of Piercing Of Corporate Veil Vis-a-Vis Digital Radio (Mumbai) Broadcasting Ltd V Union Of India.
Read more »An Uncharted Territory: The Possibility Of Betting In Esports And Its Legal Ramifications
Introduction Esports have become increasingly popular in recent years not just in India but throughout the world. Esports have become quite popular, particularly among young people. Esports are widely available, and their popularity will only grow in the future. Esports are a recent and popular trend among people worldwide. Esports and sports are fundamentally different … Continue reading An Uncharted Territory: The Possibility Of Betting In Esports And Its Legal Ramifications
Read more »Samir Kasal V. Prashant Mehta & Ors: Decrypting The Conundrum Conflux Of Copyright And Confidentiality Over Cricket
Introduction The multifaceted pursuit of undue capitalistic gains has for decades posed a colossal threat to intellectual autonomy, the daunting effects of which ruthlessly trickled down to the burgeoning infringement of innovation in the past. In furtherance of such interest, the absence of a definite judicial advertence that paralleled immunity against such allied transgressional oversights … Continue reading Samir Kasal V. Prashant Mehta & Ors: Decrypting The Conundrum Conflux Of Copyright And Confidentiality Over Cricket
Read more »Sun Pharmaceuticals Industries vs. DWD Pharmaceuticals
Introduction The trade mark “FORZEST” was created and adopted by the plaintiff’s predecessor-in-interest, “Ranbaxy Laboratories Ltd.” in 2003. It was registered in Class 5 for “pharmaceutical and medicinal preparations for human and veterinary use.” The Trade Mark Registry identified the plaintiff as the later owner of the aforementioned trademark. The plaintiff claimed that the defendant’s … Continue reading Sun Pharmaceuticals Industries vs. DWD Pharmaceuticals
Read more »Validity & Enforceability of Restrictive Covenants in Contract
Introduction Technological advancement and globalization have imposed additional complexity on the relationship between employee and employer, and the contract governs these relationships. However, the parties need to protect their business interests such as confidentiality and proprietary information, ideas, and trade secrets. Due to all these complexity employers often add restrictive conventions in the employment contract, … Continue reading Validity & Enforceability of Restrictive Covenants in Contract
Read more »Examining Calcutta High Court’s Decision on Infringement in the “Amul” Trademark Conflict
Introduction In the recent case of the Calcutta High Court granted an interim relief in an issue about trademark infringement in favour of the well-known brand “Amul”. As per the facts of the case, the local cake/bakery shop is giving complimentary candles which are duly packed in a box having a similar logo to that … Continue reading Examining Calcutta High Court’s Decision on Infringement in the “Amul” Trademark Conflict
Read more »Case analysis: Akash Aggarwal vs Flipkart Internet Private Limited and Ors. CS (COMM) 492/2022
Introduction: Facts Of The Case The Delhi High Court declared that the e-commerce platform Flipkart’s provision allowing 3rd party merchants to grab on to a more popular brand’s name amounts to passing off. In the current case the suit had been filed by the plaintiff Mr. Akash Aggarwal for seeking permanent and mandatory injunction for copyright infringement … Continue reading Case analysis: Akash Aggarwal vs Flipkart Internet Private Limited and Ors. CS (COMM) 492/2022
Read more »Schneider Electric India Private Limited v. Millborn Switchgears Private Limited
A Commercial Court in Bengaluru recently restrained Millborn Switchgears Private Limited from manufacturing, marketing, offering for sale and advertising any product under the trademarks “MU” and “MU-G” and under the registered design of Schneider Electric India Private Limited. The Additional City Civil and Sessions Judge (Commercial Disputes) passed an ex-parte injunction order in a commercial … Continue reading Schneider Electric India Private Limited v. Millborn Switchgears Private Limited
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