Category: Legal Issues

“ISKCON” Declared a Well-Known Trademark”

In a suit for trademark infringement filed by the religious organisation, ISCKON (International Society for Krishna Consciousness), The Bombay High Court declared that “ISCKON” is a well-known trademark under the definition given in Section 2(1)(zg) of the Trade Marks Act, 1999. The suit was filed against Isckon Apparel Pvt Ltd for using the mark “ISKCON” … Continue reading “ISKCON” Declared a Well-Known Trademark”

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Daedalus Blue Infringement Suit Against Oracle

The latest transaction of IBM where it divested a large chunk of assets from its portfolio to Daedalus Group LLC, headed by Ed Gomez a former Altitude Capital and Walker Innovation executive, for a hefty price of $9 million has stood out in particular because of the USPTO assignment document. The transfer of 500 US … Continue reading Daedalus Blue Infringement Suit Against Oracle

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Ex Parte Interim Orders: Ex Parte Relief

Justice delayed is justice denied. One need not be lawyer to understand the gravity of the legal maxim as this is Magna Carta of the Constitution of India. The problem of delay becomes graver when justice is to be imparted in a situation where a litigation is progressing after an ex parte injunction order, which … Continue reading Ex Parte Interim Orders: Ex Parte Relief

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Fighting With Infodemic Is The Need Of An Hour: Covid-19 Pandemic

At the very outset, TikTok reportedly censors materials globally which is deemed politically sensitive to the Chinese Communist Party, including content related to the recent Hong Kong protests, as well as references to Tiananmen Square, Tibetan and Taiwanese independence, and the treatment of Uighurs. I suggest the reading of https://www.lawfareblog.com/unpacking-tiktok-mobile-apps-and-national-security-risks to know more on how … Continue reading Fighting With Infodemic Is The Need Of An Hour: Covid-19 Pandemic

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Arbitration : A Perspective

Arbitration is a form of Alternative Dispute Resolution. ADR methods enjoy significant advantages such as lower costs, greater flexibility of process, higher confidentiality, greater likelihood of settlement, choice of forum, choice of solutions etc. Having said that one of the most popular widely recognised and practised forms of ADR is Arbitration. Arbitration Law in India … Continue reading Arbitration : A Perspective

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Intermittent Prior Use Vis-A-Vis The Defence Under Section 34 Of The Trade Marks Act, 1999

The Hon’ble High Court of Delhi in a recent case of Peps Industries Private Limited vs. Kurlon Limited, [1] discussed about the defence under Section 34 of the Trade Marks Act, 1999 along with the concept of descriptive trademark. PEPS INDUSTRIES PRIVATE LIMITED VS. KURLON LIMITED Brief Facts: By way of this suit before the … Continue reading Intermittent Prior Use Vis-A-Vis The Defence Under Section 34 Of The Trade Marks Act, 1999

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Remedy Against Online Piracy To Protect The Interest Of Copyright Owners – A Newer Approach By Way Of ‘Dynamic Injunction’

With the digital economy in play, online piracy has always been an incumbent issue amongst the copyright owners and the rights of the owners were often affected either due to the lack of sufficient remedy or sufficient guidelines. However, the Hon’ble Delhi High Court in its recent judgement dated 10th April, 2019 in UTV Software … Continue reading Remedy Against Online Piracy To Protect The Interest Of Copyright Owners – A Newer Approach By Way Of ‘Dynamic Injunction’

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Dismissal Of Suit In Absence Of Individual Civil Rights vis-a-vis Specific Relief Act: Delhi High Court

In a recent judgment by J. Rajiv Sahai End law in the case of Claudia de Simone & Orsv Actial Farmaceutica Srl & Ors, the Delhi High Court dismissed the suit seeking  grant of injunction against manufacturing, importing, advertising, selling, offering to sell and stocking their new product or any other formulation amounting to drug under … Continue reading Dismissal Of Suit In Absence Of Individual Civil Rights vis-a-vis Specific Relief Act: Delhi High Court

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Migrant Workers’ COVID 19 Measures: PIL Update

There were two set of PILs that have been filed in the Supreme Court of India concerning the migrant workers: A. Writ Petition No. 468/2020 titled “Alakh Alok Srivastava Vs UOI” (hereinafter referred to as “WP 1”) was filed by an Advocate practicing in the Supreme Court (Petitioner-in-Person), seeking immediate action to safeguard the rights … Continue reading Migrant Workers’ COVID 19 Measures: PIL Update

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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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