Category: Legal Issues

Vogue vs Vogue

Introduction The Karnataka High Court awarded Vogue Fashion Institute relief from the claim of trademark infringement initiated by the well-known American fashion magazine, Vogue, in the matter of Vogue Institute of Management & Ors. Vs. Advance Magazine Publishers Inc. The trademark “Vogue,” used by the magazine Vogue since 1892, was registered in India under Class … Continue reading Vogue vs Vogue

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Case Analysis Of Natco V. Assistant Controller Of Patents & Design : Reinstatement Of Natural Justice Principles

Introduction The present writ petition under Article 226 of the Constitution of India is filed at the Hon’ble Delhi High Court by NATCO Pharma Limited (hereinafter as “Natco”) against the Assistant Controller of Patents & Designs (hereinafter as “Assistant Controller”) and Novartis AG against the order passed by the Assistant Controller on 14.12.2022.[i] The present … Continue reading Case Analysis Of Natco V. Assistant Controller Of Patents & Design : Reinstatement Of Natural Justice Principles

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Diageo Brands v. Alcobrew Distillerie : Why Did the Court Digress from the Judgement of The Great Galleon

Introduction In Diageo Brands B.V. & Anr. vs Alcobrew Distilleries India Pvt the plaintiff Diageo Brands B.V. approached the Delhi HC seeking injunction against Alcobrew Distilleries India Pvt for manufacture and sale of “Golfer’s shot” contenting the design of the bottle/flask to be an infringement of its “Scotch Hipster” range (Registered Design bearing No. 306577). … Continue reading Diageo Brands v. Alcobrew Distillerie : Why Did the Court Digress from the Judgement of The Great Galleon

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The Ambit of Section 138 of the NI Act: Dashrathbhai Trikambhai Patel Versus Hitesh Mahendrabhai Patel & Ors

Introduction In general sense if the payee is unable to deposit the payer’s cheque, the cheque is considered to be dishonoured. Mismatch of signature, insufficient funds, date on the cheque, damaged cheque, overwriting are some of the common reasons that lead to dishonour of cheque. The principal conception behind the incorporation of section 138 of … Continue reading The Ambit of Section 138 of the NI Act: Dashrathbhai Trikambhai Patel Versus Hitesh Mahendrabhai Patel & Ors

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Trademark Infringement Through Allied & Cognate Goods- Hon’ble Delhi High Court Grants Ex-Parte Ad-Interim Injunction

Introduction As a settled proposition of law, ex-parte injunctions are granted by the court only in exceptional cases. In IPR matters, specifically in cases of trademark infringement, the plaintiff, out of several remedies, has the option of asking for an ex-parte injunction. While observing the principles on which the court may grant an ex-parte injunction … Continue reading Trademark Infringement Through Allied & Cognate Goods- Hon’ble Delhi High Court Grants Ex-Parte Ad-Interim Injunction

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Patent Application Refused By Deputy Controller Of Patents – Appealed – Remanded Back For Fresh Consideration By The Hon’ble Delhi High Court

FACTUAL BACKGROUND: In the matter of – N.V. SATHEESH MADAV & ANR. VS DEPUTY CONTROLLER OF PATENTS & DESIGNS (C.A.(COMM. IPD-PAT) 111/2022- A Patent Application for the product [A Bio-Bed for growing Vigna radiata (Linn) Wilczek plants] was filed in December, 2008 at the Delhi Patents Office along with ten provisional claims. A First Examination … Continue reading Patent Application Refused By Deputy Controller Of Patents – Appealed – Remanded Back For Fresh Consideration By The Hon’ble Delhi High Court

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Anti-Competitive Practices of Google – Umar Javeed v. Google LLC

INTRODUCTION One of the main prohibitions under the Competition Act, 2002 is abuse of dominant position under Section 4. If any enterprise performs any act which imposes unfair or discriminatory condition or price; limits or restricts sale of goods or services to meet the competition; indulges in practices which denies market access to competitors; uses … Continue reading Anti-Competitive Practices of Google – Umar Javeed v. Google LLC

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Copyright Infringement : Sony Pictures Seek Injunction Against Unauthorized Use

Copyright is an essentially important exclusive right giving only the company authority to make use of to whom such right is granted and any unauthorized use of the same would amount to infringement of the copyright. Copyright ensures protection for the work done by a person, restricting any other person to take credits for the … Continue reading Copyright Infringement : Sony Pictures Seek Injunction Against Unauthorized Use

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Legal Action Against Kantara’s “Varaha Roopam”: What Did the Courts Say?

ABSTRACT [Image Sources : India Today] In 2022, a Kannada action-drama film named “Kantara” written and directed by Rishab Shetty and produced under the banner of Hombale films received huge box office success and was acclaimed by critics all over the country. However, soon after its release on 30th September, the blockbuster film was subjected … Continue reading Legal Action Against Kantara’s “Varaha Roopam”: What Did the Courts Say?

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Hon’ble Commercial Court at Bengaluru passes an Ad Interim Ex-Parte Order safeguarding the confidential information of a dual powertrain vehicle kits manufacturer

ABSTRACT The Hon’ble Commercial Court at Bengaluru passed an Ad Interim Ex-Parte Order in the favour of the plaintiff who had filed an application under Order XXXIX, Rule 1 and 2 read with section 151 of CPC, seeking injunction on the defendant “from disclosing, disposing or offering for sale any confidential information and materials obtained … Continue reading Hon’ble Commercial Court at Bengaluru passes an Ad Interim Ex-Parte Order safeguarding the confidential information of a dual powertrain vehicle kits manufacturer

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