Category: Legal Issues

Miss Kajal Agarwal vs. The Managing Director, M/s V.V.D. & Sons Pvt. Ltd.

FACTS The Appellant is a well-known South Indian actress. The Respondent – Company entered into a advertisement agreement with the Appellant. It was contended that the parties have mutually agreed to the terms of the agreement and it was also agreed, in the written agreement which the appellant didn’t sign, that all the promotion/ advertisement … Continue reading Miss Kajal Agarwal vs. The Managing Director, M/s V.V.D. & Sons Pvt. Ltd.

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Nandini Or Nandhini – Similar Or Not?

FACTS Karnataka Cooperative Society, Respondent, started using the trademark ‘NANDINI’ for milk and milk products from the year 1985. The Appellants, Nandhini Deluxe adopted the mark ‘NANDHINI’ in 1989 in respect of their goods. The goods of both the parties fall under same class 29 and 30 an even though the both the parties have … Continue reading Nandini Or Nandhini – Similar Or Not?

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Meesha Novel Case

In this day and age, a microscopic scrutiny of the Government will show us we are only a deemed democratic nation and not one in actuality. If we truly had the rights that are listed in our supreme Constitution, there wouldn’t be any journalists and writers who fear for their lives simply because they have … Continue reading Meesha Novel Case

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Brand Protection: A Lesson from Louboutin

In todays’ consumerist day and age, the brand value of a company is key to its profits. It takes years to set up a unique brand that appeals to consumers and becomes a leader in its sector of the economy. Various factors such as intensive research and development, smart marketing and, publicity contribute to building … Continue reading Brand Protection: A Lesson from Louboutin

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Fluentgrid Limited Vs. Esyasoft Technologies Private Limited And Others

Fluentgrid Limited, Plaintiff, is a Indian company, which has been carrying out its business in India since the year 1998. It is engaged in providing information technology services through Smart Grid Products under its registered trademark, “mpower” and domain name www.fluentgrid.com, along with its website www.nxter.io, which is its cloud solution for energy retailers. The … Continue reading Fluentgrid Limited Vs. Esyasoft Technologies Private Limited And Others

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Trademark Suit Filed For Infringement/ Passing Off Was Successful At the First Stage

(L’AirLiquideSocieteAnonyme  pour  l’etude  et l’exploitation  desprocedes  Georges  Claude  and Anr vs. Liquid air & Ors.)  L’AirLiquideSocieteAnonyme  pour  l’etude  et l’exploitation  desprocedes  Georges  Claude  and Anr, Plaintiff No. 1, a company incorporated under the laws of France and operating in Indian territory through Air Liquide India Holding Private Limited,  Plaintiff no. 2 under the trade name … Continue reading Trademark Suit Filed For Infringement/ Passing Off Was Successful At the First Stage

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Analysing Anuradha Doval V. Controller: A Revisit To Prior Publication And Novelty In Designs

Exactly a year back, Calcutta High Court gave an elaborate judgement discussing the conditions for grant of design. The case holds relevance as it discusses element of Novelty and Prior Publication in detail. This post will try to comprehensively analyse the case. FACTS The design-in-dispute is a bottle cap under class 09-01 bearing Application No. … Continue reading Analysing Anuradha Doval V. Controller: A Revisit To Prior Publication And Novelty In Designs

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Diet Sabya – The New Call Out On Copyright And Fashion

“The motifs on my jackets were hand-drawn and hand-embroidered. The collection is still selling, and one piece is sold for Rs. 40,000. However, one brand is re-creating the motifs as digital prints and selling it for Rs. 1,500.                                   … Continue reading Diet Sabya – The New Call Out On Copyright And Fashion

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Joinder Of Parties

There is always a concern while filing a suit as to whether all the parties concerned have been taken into account or not. Further, if any party is missed, can that party be joined in a suit at a later point of time is another issue to be pondered upon. Fortunately, Code of Civil Procedure, … Continue reading Joinder Of Parties

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Violation Of Moral Right In Light Of ‘Ghar Se Nikalte Hi’- Will This Be An Eye Opener For The Trend Of Remixes?

“Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.” [1] The foundation of this concept was laid in the case of Amarnath Sehgal v. Union of India[2]. This was a landmark judgement delivered by the Delhi High Court … Continue reading Violation Of Moral Right In Light Of ‘Ghar Se Nikalte Hi’- Will This Be An Eye Opener For The Trend Of Remixes?

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