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The High Court of Delhi Grants Permanent Injunction in Favour of Louis Vuitton
Introduction The High Court of Delhi (“the Court”) on 18th April 2023, in Louis Vuitton Malletier vs Santosh & Ors.[1], issued a permanent injunction restraining the Defendants from infringing and selling counterfeit products under the Plaintiff’s luxury brand “Louis Vuitton”. The Court also ordered the Defendants to pay INR 9.59 Lakhs as damages and costs … Continue reading The High Court of Delhi Grants Permanent Injunction in Favour of Louis Vuitton
Read more »Capital Food Private Limited vs. Radiant Indus Chem Pvt. Ltd.
Introduction In addition to producing and marketing a wide range of dips, spreads, condiments, sauces, noodles, soups, pastes, dressings, ready-to-eat food products, and other food preparations, the plaintiff was one of India’s top food manufacturers. It was also the first to independently create the distinctive trade mark “SCHEZWAN CHUTNEY” for dips and spreads. The defendant … Continue reading Capital Food Private Limited vs. Radiant Indus Chem Pvt. Ltd.
Read more »Case Analysis: Pandrol Limited & Anr. v. Patil Rail Infrastructure Pvt.
Introduction The Plaintiff no.1 is the industry leader in rail fastenings and track elasticity solutions headquartered in the United Kingdom. The plaintiff no.2 is a joint venture between the plaintiff no.1 and Rahee Industries Ltd. The defendant no.1 is a company in the business of dealing in railway track engineering. Defendants no.2 to 5 are … Continue reading Case Analysis: Pandrol Limited & Anr. v. Patil Rail Infrastructure Pvt.
Read more »A Critical Analysis On The Determination Of Copyright Infringement In Sound-Alike Songs With Reference To “Ed Sheeren Vs Sami Chokri
Introduction Humans and music have been entwined from the beginning of time. Various kinds of expression are subject to an identical criterion for copyright infringement. However, because of its distinctive characteristics, musical expressiveness presents significant difficulties for courts adjudicating infringement issues. Contrary to literature or physical manifestations of art such as paintings and sculptures, music is … Continue reading A Critical Analysis On The Determination Of Copyright Infringement In Sound-Alike Songs With Reference To “Ed Sheeren Vs Sami Chokri
Read more »Case analysis: ISKCON v. ISKCON Apparel Pvt. Ltd.
Introduction According to Investopedia a trademark is any name, sign, design, logo, or symbol that serves to distinguish the goods of one business from those of another[i]. However, Section 2(1)(zb) of the Trade Marks Act, 1999, defines ‘trademark’ as a mark which is capable of being represented graphically and capable of distinguishing the goods or … Continue reading Case analysis: ISKCON v. ISKCON Apparel Pvt. Ltd.
Read more »Invisible use of Trademark as Meta-tag: A case for Infringement under sec 29 of Trademark Act
Introduction In India, section 29 of the Trademark Act (hereinafter, the act) outlines what constitutes a registered trade mark infringement. According to Section 29(4)(c) of the act, anyone who uses a registered trade mark in the course of business without being the registered proprietor or using the mark in accordance with a permit, and who … Continue reading Invisible use of Trademark as Meta-tag: A case for Infringement under sec 29 of Trademark Act
Read more »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
Read more »Understanding Arbitrability Of Trademarks
INTRODUCTION In its judgement in M/S. Golden Tobie Private Limited v. M/S. Golden Tobacco Limited[1][2021], the Delhi High Court recently delved into the interpretation of Section 8 of the Arbitration and Conciliation Act, 1996, in regard to trademark disputes. Before delving into the topic of trademark-related arbitrability, it is important to evaluate the existing state … Continue reading Understanding Arbitrability Of Trademarks
Read more »Resolution Mechanism Under Copyright Act 1957
Copyright is a type of licensed innovation security conceded under Indian law to the makers of unique works of creation, for example, scholarly works (counting PC projects, tables and assemblages including PC information bases which might be communicated in words, codes, plans or in some other structure, including a machine decipherable medium), emotional, melodic and … Continue reading Resolution Mechanism Under Copyright Act 1957
Read more »Golden Tobie Ltd. V. Golden Tobacco Ltd
In its judgement in M/S. Golden Tobie Private Limited v. M/S. Golden Tobacco Limited [2021], the Delhi High Court recently delved into the interpretation of Section 8 of the Arbitration and Conciliation Act, 1996, in regard to trademark disputes. Before delving into the topic of trademark-related arbitrability, it is important to evaluate the existing state … Continue reading Golden Tobie Ltd. V. Golden Tobacco Ltd
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