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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
Read more »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
Read more »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
Read more »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
Read more »Daedalus Blue Infringement Suit Against Oracle
The latest transaction of IBM where it divested a large chunk of assets from its portfolio to Daedalus Group LLC, headed by Ed Gomez a former Altitude Capital and Walker Innovation executive, for a hefty price of $9 million has stood out in particular because of the USPTO assignment document. The transfer of 500 US … Continue reading Daedalus Blue Infringement Suit Against Oracle
Read more »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?
Read more »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
Read more »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
Read more »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
Read more »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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