Tag: india

Can A Passing-Off Action Be Filed Against The Infringement Of Shape Of A Good? A Case Analysis

Introduction: Have you ever wondered if a bottle shape may be trademarked? Typically, The Designs Act, 2000 protects these aesthetic appearances and establishes the essential specifications that are deemed to be the conditions for a design’s registration under the Design Act, 2000. The shape of bottles, on the other hand, is regarded as distinctive and … Continue reading Can A Passing-Off Action Be Filed Against The Infringement Of Shape Of A Good? A Case Analysis

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A Comparative Study Of Judicial Approach Between India And U.S.A.

INTRODUCTION Trademark protection legislation was enacted to give trademark owners exclusive proprietary rights, a monopoly over their trademarks, and safeguard the public’s goodwill. Trademark protection was designed to prevent the sale of counterfeit goods under a well-known brand name, but when these owners go above and beyond their legal rights to defend their mark, the … Continue reading A Comparative Study Of Judicial Approach Between India And U.S.A.

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The Model Tenancy Act, 2021: Resolution of Tenancy Disputes

History of Rent Control Laws in India Rent Control Acts were first introduced by the USA and other countries to monitor the uninhibited increase in rent and tenant eviction. In India, the first-ever Rent Control Act was the Bombay Rent (War Restrictions) Act, 1918 (“the 1918 Act”) enacted in the foreground of World War I … Continue reading The Model Tenancy Act, 2021: Resolution of Tenancy Disputes

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Demystifying Fashion Law in India

Introduction One of the niche areas of law, Fashion Law, is growing in existence in India. There might not be a central piece of legislation that governs the subject but the realm of fashion, with all its variants, has definitely piqued an interest in the Indian legal fraternity with many exploiting services in the fashion … Continue reading Demystifying Fashion Law in India

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Publicity Rights in India: Need for Post-Mortem Recognition

Right to Publicity relates to the right to control one’s identity and ensure protection against any unauthorized use. These rights have been traditionally associated and have been regarded as a facet of the right to privacy of an individual. However, lately, these rights have assumed significance in matters pertaining to intellectual property (“IP”). This is … Continue reading Publicity Rights in India: Need for Post-Mortem Recognition

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Fantasy Sports in India: A Report

BACKGROUND With a lot happening in the realm of Fantasy Sports in the Country, this report aims to explain the rise of fantasy sports in India, the legality aspect, the regulatory requirement, the present position and such other complexities around the subject. INTRODUCTION Being able to recreate sports teams and enjoy what it feels to … Continue reading Fantasy Sports in India: A Report

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Tax Laws For Non Residents Professional Athletes

INTRODUCTION Top level athletes competing in various sports earn millions of dollars in wages. Just like a normal wage earner, they are entitled to pay their dues to the government. Earning extraordinary wages also leads to extraordinary tax payments. Cristiano Ronaldo –a top level athlete decided to join Juventus F.C., one of Italy’s leading football … Continue reading Tax Laws For Non Residents Professional Athletes

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Central Government promulgates the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021

The Central Government promulgated the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021. The Tribunal Reforms (Rationalisation and Conditions of Service) Bill, 2021 was introduced in the Parliament earlier this year but could not be taken up for consideration and passing. Exercising the power under Article 123(1) of the Constitution of India, the President … Continue reading Central Government promulgates the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021

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The Suo Moto Cognizance of the Supreme Court Pertaining to Limitation Comes to an End

The Supreme Court of India, on 8th March 2021, lifted the limitation date for filing cases levied due to the coronavirus and national lockdown. Due to a novel Coronavirus, the Supreme Court of India took Suo Moto cognizance of the condition faced by litigants who could not physically come to the courts to file their … Continue reading The Suo Moto Cognizance of the Supreme Court Pertaining to Limitation Comes to an End

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The Role of Intellectual Property Rights in Economic Development

Introduction Intellectual Property is that property that is developed by the human mind and by human intellect. Now intellectual property and rights attached to intellectual property are becoming very precious and valuable. In India, there are well-established administrative, statutory, and Judicial frameworks for protecting IPR. India has to comply with the Agreement on Trade-Related Intellectual … Continue reading The Role of Intellectual Property Rights in Economic Development

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