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Trademark Infringement Through Allied & Cognate Goods- Hon’ble Delhi High Court Grants Ex-Parte Ad-Interim Injunction
Introduction As a settled proposition of law, ex-parte injunctions are granted by the court only in exceptional cases. In IPR matters, specifically in cases of trademark infringement, the plaintiff, out of several remedies, has the option of asking for an ex-parte injunction. While observing the principles on which the court may grant an ex-parte injunction … Continue reading Trademark Infringement Through Allied & Cognate Goods- Hon’ble Delhi High Court Grants Ex-Parte Ad-Interim Injunction
Read more »Copyright Infringement : Sony Pictures Seek Injunction Against Unauthorized Use
Copyright is an essentially important exclusive right giving only the company authority to make use of to whom such right is granted and any unauthorized use of the same would amount to infringement of the copyright. Copyright ensures protection for the work done by a person, restricting any other person to take credits for the … Continue reading Copyright Infringement : Sony Pictures Seek Injunction Against Unauthorized Use
Read more »Change Everything vs. Sport Changes Everything: Dispute Over The Change!
A major running and fitness merchandise company, Fleet Feet Inc, which sells their product through franchises, company-owned retail stores, and online stores, and has 182 stores, including franchises, nationwide in the US. They owned the mark “Change Everything” and “Running Changes Everything” used widely for its sports and apparel related goods and services. Nike, Inc., … Continue reading Change Everything vs. Sport Changes Everything: Dispute Over The Change!
Read more »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 »Jurisdictional Dispute with regards to section 22(4) of Design Act, 2000 and Commercial Court Act, 2015
The Supreme Court case of S. D. Containers vs. M/s Mold Tek Packing [1] was a matter of jurisdictional issue due to the conflict between section 22(4) of the Design Act, 2000 (hereinafter referred to as Act 2000), and Commercial Courts Act, 2015. To understand how Supreme Court addressed the issue, it is important to … Continue reading Jurisdictional Dispute with regards to section 22(4) of Design Act, 2000 and Commercial Court Act, 2015
Read more »Criminal & Civil Prosecution for Copyright/Trademark Violation
If any brand’s product is genuine & original, then it enjoys a substantial amount of recognition in the eyes of its potential customer, therefore it is necessary to protect the commercial value of any product offered by such brands and the said protection is provided through Intellectual Property Rights associated with the product i.e. Trademark, … Continue reading Criminal & Civil Prosecution for Copyright/Trademark Violation
Read more »Bigtree Entertainment Pvt. Ltd. vs. Brain Seed Sportainment Pvt. Ltd. & Anr
“A brainy person does not abuse copyright; instead he respects it and upholds it.” – Maximillian Degenerez. Introduction With the rise in number of businesses using the global internet portal for running their businesses and with the increase in the number of start-ups in the current economic scenario, we come across many new issues that … Continue reading Bigtree Entertainment Pvt. Ltd. vs. Brain Seed Sportainment Pvt. Ltd. & Anr
Read more »GROUNDLESS THREAT OF PATENT INFRINGEMENT
Introduction Infringement proceedings involve high costs of litigation in defending the same with the possibility that any temporary injunction granted in the due course thereof would lead to revenue loss, loss of employment and several other impediments to the business. Moreover, embroilment in infringement proceedings or the mere possibility thereof leads to disrepute of the … Continue reading GROUNDLESS THREAT OF PATENT INFRINGEMENT
Read more »Submission on SEPs and Their Availability Under FRAND Terms
Introduction This submission is with respect to the discussion paper published by DIPP on Standard Essential Patents (SEPs) and their availability under FRAND terms. As one of the prime objects of IP laws is to promote/establish a fair balance between IP protection and Public interest, it is becoming essential for the governing bodies to have … Continue reading Submission on SEPs and Their Availability Under FRAND Terms
Read more »‘Pro Tem’ Relief to Xiaomi for importing and selling of Qualcomm based Handsets in India
Reportedly, a bench of Delhi High Court temporarily allowed Xiaomi to sell few of its devices in India about a week after the suspension of its sales in the third largest smart phone market of the world. Xiaomi as well as online seller Flipkarthave been injuncted by Delhi High Court in its order dated 8th … Continue reading ‘Pro Tem’ Relief to Xiaomi for importing and selling of Qualcomm based Handsets in India
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