Tag: infringement

COVID-19 as an excuse for Passing Off: Rejected by Madras High Court

FACTUAL MATRIX: This matter was filed for the permanent injunction against the actions of Defendant, three applications were filed on behalf of Plaintiff, praying for granting interim relief. A Prima facie case was made out and hence an interim injunction was granted in favor of Plaintiff on April 30, 2021. As per this order, it … Continue reading COVID-19 as an excuse for Passing Off: Rejected by Madras High Court

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Video game streaming and copyright law

Video game industry has gone through a considerable transformation in the last two decades. It is not restricted to one room or between a few individuals playing a multiplayer game. It has crossed the boundaries and streaming platforms like Twitch, Mixer and YouTube Gaming are also getting popular. It has been observed that during the … Continue reading Video game streaming and copyright law

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IP Battle of the Packaging Containers

Facts: In a recent ongoing battle between two packaging companies, the Indore High Court, on 01.09.2021, finally passed a judgment in favor of the Defendants. The Defendants, in this case, were represented by Adv. Neeraj Grover was assisted by Abhijeet Deshmukh, Meenakshi Orga, and Suvanagana Agarwal of Khurana & Khurana- IP Advocates and Attorneys. Arguments: … Continue reading IP Battle of the Packaging Containers

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Legal Position in India Pertaining to Infringement of Right to Publicity of a Celebrity

It is a well-known fact that celebrities have a great impact on the audience and therefore, the advertisement industry hugely expends in collaborating with the celebrities in order to expand their brand value in the market. With the great potential and incentives that this endeavor brings, there is also another side to the story where … Continue reading Legal Position in India Pertaining to Infringement of Right to Publicity of a Celebrity

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Davis v. Pinterest, Inc.: The Road Map to Contributory Infringement Suits

“The one who distributes, with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.” The concept of contributory copyright infringement thus stems from the law of torts which basically purports that … Continue reading Davis v. Pinterest, Inc.: The Road Map to Contributory Infringement Suits

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Circulation of E-Newspaper: Infringement Under Copyright Law

Dissemination of e-newspapers on Telegram has raised a copyright debate under the steady gaze of the Delhi High Court. Because of CoVID-19 limitations coming into power, actual dispersion and house-to-house conveyance of papers got cruelly affected.  As this issue surfaced most paper sites began offering free preliminaries on their individual sites by the methods for … Continue reading Circulation of E-Newspaper: Infringement Under Copyright Law

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Interdigital vs.Xiaomi: India’s First Anti-Enforcement Injunction Order

The concept of anti-suit injunction and anti-enforcement injunction is gaining prominence worldwide including in India. Recently, the Delhi High Court in Interdigital Technology Corporation vs. Xiaomi Corporation & Ors.[1] granted an anti-enforcement injunction. It was held that a foreign court cannot restrain a party from pursuing its cause before Indian Court when Indian jurisdiction is … Continue reading Interdigital vs.Xiaomi: India’s First Anti-Enforcement Injunction Order

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Serum Institute ‘Shields’ Its Covaccine in the Bombay High Court

The Bombay High Court, on April 20, 2021, through the Division bench of J. Nitin Jamdar and J. C.V. Bhadang, presided over the matter of Cutis Biotech v. Serum Institute of India Pvt. Ltd.[1] The two pharmaceutical companies manufactured vaccines for COVID-19, titled ‘Covishield’, and therein, both had applied for registering this trademark, whose applications … Continue reading Serum Institute ‘Shields’ Its Covaccine in the Bombay High Court

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Delhi High Court: Dabur “Sanitize” Soap Can’t be confused with Dettol

The COVID-19 situation has changed the buying behaviour of consumers and in a way changed the way products are being produced to meet the needs of consumers. It has created variations of products in both the hygiene and immunity areas – and most products have found room for themselves in one of these two buckets … Continue reading Delhi High Court: Dabur “Sanitize” Soap Can’t be confused with Dettol

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Mittal Electronics v Sujata Home Appliances- DHC dismisses Stay Application

In this case of Mittal Electronics v Sujata Home Appliances CS (COMM) 60/2020 the Delhi High Court on 9th September 2020 delivered a judgement on the Ad Interim Injunction Application filed by the Plaintiff under Order 39 Rule 1 ad 2 of CPC. The Plaintiff, Mittal Electronics, through their partners, filed a suit against the … Continue reading Mittal Electronics v Sujata Home Appliances- DHC dismisses Stay Application

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