Category: Legal Issues

Discretionary power of the Adjudicating Authority to reject CIRP applications under Section 7(5)(a) of the IBC

The National Company Law Tribunal and the National Company Law Appellate Tribunal has traditionally held that it is mandatory for the Corporate Insolvency Resolution Process(CIRP) to be initiated once the existence of a debt has been established under Section 7(5) of the Insolvency and Bankruptcy Code, 2016. There was no separate interpretation of Section 7(5) … Continue reading Discretionary power of the Adjudicating Authority to reject CIRP applications under Section 7(5)(a) of the IBC

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The True Final Word on Compound Interest in Arbitral Awards?

The Arbitration and Conciliation Act, 1996 allows arbitral tribunals to award interest on the money payable under an award, running from the date on which to the cause of action arose, to the date on which the award was made. The Act also empowers tribunals to award post-award interest, which accrues until the award has … Continue reading The True Final Word on Compound Interest in Arbitral Awards?

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Google vs Oracle: The way forward

In the court’s definition, an API includes both “declaring code” and “implementing code”—terms adopted by the court, although they are not used by developers in Java or other programming languages. The declaring code (what Java developers call the method declaration) declares the name of the method and its inputs and outputs. Implementing code (what Java … Continue reading Google vs Oracle: The way forward

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Oh Why vs. Shape of You

On April 6, the UK High Court issued a judgment of non-infringement in favor of artist Ed Sheeran over his 2017 song, “Shape of You.” The court held that Sheeran did not copy a part of Defendant Sami Chokri’s 2015 song called “Oh Why.” The ruling came nearly four years after co-writers Chokri and Ross … Continue reading Oh Why vs. Shape of You

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Harpic vs. Domex: Who’s better

Advertisements form an important factor of the marketing strategy of an organization. It is common that there is competition in the market and hence, certain firms tend to disparage the goodwill of another company. In common parlance, comparative advertisement means advertisement of a particular product by comparing with the competitor’s product for showing why it … Continue reading Harpic vs. Domex: Who’s better

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Extent of Pro Bono Activities in Indian Law Firms: A Profound Study

Even though the impact of Liberalization, Privatization and Globalization (LPG) – 1991, particularly globalization in the backdrop of the specific regulatory, historical, economic, and socio cultural milieu, India had “dialectical complexity” of the interaction between global and local forces resulting in distinctively Indian vision of pro bono law firms. Beliefs such as “giving back” and … Continue reading Extent of Pro Bono Activities in Indian Law Firms: A Profound Study

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The Never-Ending Relation Of Functionality And Trade Dress

Flexible Steel Lacing Co. (“Flexco”) filed a civil action against Conveyor Accessories (“CAI”) for trade dress infringement and unfair competition under the Lanham Act, Common Law, and Illinois Uniform Deceptive Trade Practices Act at the United States District Court for the Northern District of Illinois, Eastern Division (“District Court”). Flexco and CAI are competitors in … Continue reading The Never-Ending Relation Of Functionality And Trade Dress

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Criminal Prosecution For Copyright And Trademark Violation

The Copyright and Trademark regimes grant a person, statutory rights, relating to their literary, artistic work (under Copyright Protection) and for their Trademark/brand identity (under Trademark Protection). When there is a violation or infringement of these rights by way of use by any person other than the one upon whom these rights have been conferred … Continue reading Criminal Prosecution For Copyright And Trademark Violation

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The Changing Dynamics of Judicial Enquiry: – Section 11

The Indian Arbitration system has been taking a forward approach for a decade now to make the Indian sub-continent a hub for Arbitration. The question and interpretation of the judicial enquiry under Section 11 have been a long-standing question, and the judiciary has, time and again, come forward to provide the narrow meaning of Section … Continue reading The Changing Dynamics of Judicial Enquiry: – Section 11

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Trade Dress Infringement on Rifle Scopes

The Plaintiff is into the business of making adjustable rifle scopes and several portions of the products are textured with so-called “knurling,” used mainly for providing grip to the products. This design is being used by the Plaintiff on rifle scopes since 2002. Till 2011 the product was being manufactured by a Sporting Goods factory … Continue reading Trade Dress Infringement on Rifle Scopes

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