Tag: infringement

To Sue or Not To Sue Ashok Kumar?

An Analysis of John Doe Orders in the Light of Fundamental Right to Access to Internet In the year 2016, when a message had started appearing on websites, that stated that watching pirated films could result in a fine of Rs. 3 lakh and up to a 3 year prison-term,Justice G.S. Patel of Bombay High … Continue reading To Sue or Not To Sue Ashok Kumar?

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Copyright infringement in the matter of Shivani Tibrewala v/s Rajat Mukherjee

PARTIES Plaintiff: Shivani Tibrewala Defendant: Rajat Mukherjee, Welcome Friends Productions LLP, Rohit Sehtia, Amrit Sethia, S.O.I.E. Ginza Industries Ltd. BRIEF FACTS The Plaintiff has filed the present infringement of copyright suit against the Defendant alleging that the Defendant’s cinematographic work named “Umeed” is a substantial reproduction or altered copy of the Plaintiff’s script of the … Continue reading Copyright infringement in the matter of Shivani Tibrewala v/s Rajat Mukherjee

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Crocs Inc. v. Bata India Ltd. and Others

2019 SCC  OnLine Del 6808 PARTIES The Appellate is Crocs Inc; The Respondents are, inter alia, Bata  India Ltd.,  Liberty  Shoes Ltd., Action     Shoes    Pvt.     Ltd.,     Aqualite     India    Ltd.,     Bioworld Merchandising India Ltd., Relaxo Footware Ltd., and Kidz Palace. BRIEF FACTS The Plaintiff was unsuccessful in a suit filed for design infringement as the designs … Continue reading Crocs Inc. v. Bata India Ltd. and Others

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Hennes & Mauritz Ab & Anr v. HM Megabrands Pvt. Ltd. & Ors

The case H&M; Hennes & Mauritz Ab & Anr v. HM Megabrands Pvt. Ltd. & Ors is based on the point of having a similar trademark to that of another brand. The harm it causes to the reputation of one brand which another brand has adopted is one of reputation. The Plaintiff, in this case … Continue reading Hennes & Mauritz Ab & Anr v. HM Megabrands Pvt. Ltd. & Ors

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Should Ever-Greening Of Patents Prohibit Affordable Drugs?

A patent1 is given to a novel invention having utility value and does not appear obvious to a person skilled in the art. It is one of the important intellectual properties having tremendous economic potential. It awards economic monopoly (right to produce, sell, licence, import, assign, and use) to the patentee for a limited period … Continue reading Should Ever-Greening Of Patents Prohibit Affordable Drugs?

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Injunctions Against Sale of Lingaliptin

Analysis of Boehringer Ingelheim Pharma GmbH v/s Tanmed Pharma and other orders Plaintiffs: Boehringer Ingelheim Pharma GmbH & Co. KG & Boehringer Ingelheim (India) Pvt.Ltd. (“the plaintiff”/“Boehringer”) Defendant:Tanmed Pharma India Private Limited(“the defendant”) Coram: Dr. Justice G. Jayachandran Date of Judgment: 21st January 2020 Facts of the Case: The plaintiff is a multinational company involved … Continue reading Injunctions Against Sale of Lingaliptin

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Biggest Threat To Intellectual Property: Counterfeiting With Special Focus On Fashion Industry

IP rights are proprietary rights granted to protect original products of creation. They are intended to encourage and reward creativity and fair competition in the marketplace. IP rights can be relied upon to prevent others from using one’s trademark, patented invention, copyright work, or design without consent. IP is territorial in nature and exists for … Continue reading Biggest Threat To Intellectual Property: Counterfeiting With Special Focus On Fashion Industry

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Louis Vuitton Malletier vs. Iqbal Singh and others

Louis Vuitton is a luxury retail company and one of the top fashion houses in the world. The logo ‘LV’ is a protected trademark. All the products are monogrammed with the trademark LV making it one of the most valuable brands in fashion. A suit for injunction was filed by Louis Vuitton Malletier (India) against … Continue reading Louis Vuitton Malletier vs. Iqbal Singh and others

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Fluentgrid Limited Vs. Esyasoft Technologies Private Limited And Others

Fluentgrid Limited, Plaintiff, is a Indian company, which has been carrying out its business in India since the year 1998. It is engaged in providing information technology services through Smart Grid Products under its registered trademark, “mpower” and domain name www.fluentgrid.com, along with its website www.nxter.io, which is its cloud solution for energy retailers. The … Continue reading Fluentgrid Limited Vs. Esyasoft Technologies Private Limited And Others

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Trademark Suit Filed For Infringement/ Passing Off Was Successful At the First Stage

(L’AirLiquideSocieteAnonyme  pour  l’etude  et l’exploitation  desprocedes  Georges  Claude  and Anr vs. Liquid air & Ors.)  L’AirLiquideSocieteAnonyme  pour  l’etude  et l’exploitation  desprocedes  Georges  Claude  and Anr, Plaintiff No. 1, a company incorporated under the laws of France and operating in Indian territory through Air Liquide India Holding Private Limited,  Plaintiff no. 2 under the trade name … Continue reading Trademark Suit Filed For Infringement/ Passing Off Was Successful At the First Stage

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