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Institut Europeen D Administration Des Affaires Insead, Association Vs. Fullstack Education Private Limited & Anr
Introduction In the instant case a dispute arose between the two business schools, INSEAD and INSAID regarding the infringement of the Petitioner’s trade mark and confusion among consumers. The court decided in the favor of Petitioner and held that there exists a likelihood of confusion and both trademarks are phonetically similar. The court ordered to … Continue reading Institut Europeen D Administration Des Affaires Insead, Association Vs. Fullstack Education Private Limited & Anr
Read more »Adidas AMERICA INC. V. SKECHERS USA INC.
Introduction The dispute between Adidas and Skechers is a keynote example to depict the multifaceted perspectives regarding the impact, application, and importance of a Trademark in the business realm. A trademark is one which possesses the power to differentiate & attribute goods/services of a firm from the other players in the market whose registration is … Continue reading Adidas AMERICA INC. V. SKECHERS USA INC.
Read more »Interpretation of S 89 CPC, 1908
Introduction With this decision, the pro gratis alternate dispute resolution process for the Indian judicial system has finally come to an end. Section 89 of the CPC, 1908, was necessary and brought about a transformation in India’s ADR processes. The 238th Law Commission Report, dated December 2011, about the amendment of Section 89 of the … Continue reading Interpretation of S 89 CPC, 1908
Read more »Nirbhaya Case And Justice Verma Committee’s Recommendations: A Legal Analysis
Introduction “Rape is a violation of personal dignity”- (Prosecutor v. Akayesu , 1998)(International Criminal Tribunal for Rwanda, 1998)1. “Sexual violence is a serious blow to her supreme honour and offends her self-esteem and dignity.”- State of Karnataka v. Krishnappa (Supreme Court of India, 2000)2 In the history of human, race, and mankind, rape is considered … Continue reading Nirbhaya Case And Justice Verma Committee’s Recommendations: A Legal Analysis
Read more »Another Win for Novartis
Introduction It has been contended by the Pharma major that it is the patentee of the two tablets under the brand ‘Vymada’ in India. The plaintiff, Novartis was represented through advocate Mamta Jha and the primary bone of contention was to obtain a restraining order against the defendants. Moreover, the amount of time and efforts … Continue reading Another Win for Novartis
Read more »Unstamped Arbitartion Agreements Are Not Enforceable By Law
Introduction By a majority ruling in the matter of M/s. N.N. Global Mercantile Private Limited v. M/s. Indo Unique Flame Ltd. & Ors.[i], a Constitution Bench of the Supreme Court held that an arbitration agreement which is eligible for stamp duty, if not stamped, is not enforceable by law. However, the minority ruling addressed the … Continue reading Unstamped Arbitartion Agreements Are Not Enforceable By Law
Read more »Examining the Extent of Interim Reliefs under Section 9 Following the Commencement of Arbitration Proceeding
Introduction Arbitration, recognized for its efficiency in resolving disputes, offers a streamlined alternative to lengthy court litigation. However, there are instances where urgent matters require prompt action to prevent irreparable harm to parties involved in the dispute. In such circumstances, interim reliefs play a critical role by providing temporary remedies and injunctions to address immediate … Continue reading Examining the Extent of Interim Reliefs under Section 9 Following the Commencement of Arbitration Proceeding
Read more »Rachna Sagar Vs Sovereign Mercantile Trademark Dispute
The ongoing legal dispute between Rachna Sagar Pvt. Ltd. (Plaintiff) and Sovereign Mercantile Pvt. Ltd. & Ors. (Defendant) has highlighted significant issues in the trademark act, specifically with Sections 103 and 104, which outline the penalties for trademark infringement. Particularly the manner in which problems were caused upon a prior user owing to a fraudulent … Continue reading Rachna Sagar Vs Sovereign Mercantile Trademark Dispute
Read more »The Kani Tribe Case Study
Introduction As part of the All India Coordinated Research Project on Ethnobiology, a team of scientists conducted an ethnobotanical knowledge survey of the Kani people in the Thiruvananthapuram forest in the southern section of the Western Ghat region in the state of Kerala in 1987. (AICRPE). The Kani guides Mallan Kani and Kuttimathan Kani did … Continue reading The Kani Tribe Case Study
Read more »The NSE Case
Introduction Copyright law is built on the foundation of originality, and several doctrinal approaches have been developed to define and apply it. Two such approaches are the sweat of the brow and modicum of creativity doctrines. In Indian copyright case law, DB Modak sought to reconcile these standards by adopting a middle ground. The sweat … Continue reading The NSE Case
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