Tag: litigation

Christian Louboutin SAS Vs. Nakul Bajaj and Ors.

Facts of the case: The plaintiff in the case, one Christian Louboutin is a luxury brand which is specialized in shoes and other related goods, Christian Louboutin has many products which enjoy exclusivity through Intellectual Property Rights. The defendant is Darveys.com, Darveys is a members-only luxury online shopping portal. It was noted in the investigation … Continue reading Christian Louboutin SAS Vs. Nakul Bajaj and Ors.

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All About Section 31 D of Copyright Act, 1957

The 2012 amendment in Copyright Act has introduced various provisions, one of them being section 31 D. This section is concerned with the broadcasting or performance of a literary or musical and sound recording, which has already been published. Clause 1 of Section 31D states: “Any broadcasting organization desirous of communicating to the public by … Continue reading All About Section 31 D of Copyright Act, 1957

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Growing Significance & Relevance of Shadow Counsels

Shadow Counsels (SC) are not a concept popularly exploited in India. However, their potential is yet to be discovered and realized in order for it to be part of our customary practice. The term ‘Shadow Counsel’ is used for any alternate or auxiliary lawyer appointed in case the original lawyer or the main counsel falters … Continue reading Growing Significance & Relevance of Shadow Counsels

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Understanding ITC Litigation (Section 337 Cases)

Having seen regular and growing number of queries from Indian Companies on U.S. International Trade Commission (ITC) cases in the US (primarily companies having domestic market in the US), this is a brief attempt to give clarity on jurisdiction that ITC provides, types of cases handled, advantages/disadvantages of the ITC routes, among few other characteristics … Continue reading Understanding ITC Litigation (Section 337 Cases)

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Let’s Google it !

David Elliot, from Arizona, owned 750 websites with domains like ‘googlegaycruises.com’ and ‘googledonaldtrump.com’ among many others.  His argument was that he needed to use the word ‘google’ because he was developing an internet based business that will promote charity, commerce, community, relationships, personal health etc. He further stated that he did not register the domain … Continue reading Let’s Google it !

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Actavis and Novartis

ACTAVIS’ “EXPECTATION OF SUCCESS” AFFIRMED ACTAVIS UK vs NOVARTIS AG The High Court, Court of Appeal has recently upheld a decision on Appeal from the High Court, Patents Court, that the Novartis’s European Patent (UK) 0948320, a sustained release formulation of Fluvastatin (a Cholesterol lowering drug), is invalid on the ground of obviousness. Earlier in … Continue reading Actavis and Novartis

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