THE CASE OF FIRST COPY SHOES AT E-MARKETPLACE

Facts: The following case pertains to the infringement of trademark. The plaintiff claims that it is a business registered under the laws of the State of Massachusetts in the United States of America that has been designing, manufacturing, marketing, and selling footwear there since 1906 under the names "NEW BALANCE," "NB Device Mark," and "N … Continue reading THE CASE OF FIRST COPY SHOES AT E-MARKETPLACE

CLAIM SHALL INCLUDE INTEREST ON DELAYED PAYMENT OVER DEBT UNDER IBC

On 15.7.2022, the Hon’ble Principal Bench of National Company Law Appellate Tribunal, New Delhi, has held that that the total amount for maintainability of claim will include both principal debt amount as well as interest on delayed payment which was clearly stipulated in the invoice itself.[1] Vikash Parasrampuria- Sole Proprietor of ‘Chiranjilal Yarns Trading’ the … Continue reading CLAIM SHALL INCLUDE INTEREST ON DELAYED PAYMENT OVER DEBT UNDER IBC

STAY ON PAYMENT OF GST ON ROYALTY FOR GRANT OF MINING LEASE

The Honorable High Court of Jharkhand has stayed order of payment of GST on royalty for grant of mining lease in batch of petitions before it by an interim order vide Order dated 20.4.2022. The Order was based upon Para 3 of the Order passed in W.P.(T) No. 432 of 2021 dated 24.02.2022; which is … Continue reading STAY ON PAYMENT OF GST ON ROYALTY FOR GRANT OF MINING LEASE

WHETHER REVISION IS MAINTAINABLE AGAINST INTERLOCUTORY ORDER ?

CASE BRIEF IN THE MATTER OF: BAPUJI MURUGESAN VERSUS     MYTHILI RAJAGOPALAN    (Crl. R.C. No. 766 of 2019) FACTS:That the Petitioner was convicted by learned MM, Fast Track Court for an offence under Section 138 of Negotiable Instruments Act, 1881. The appellant was directed to undergo imprisonment for a period of 6 months and was … Continue reading WHETHER REVISION IS MAINTAINABLE AGAINST INTERLOCUTORY ORDER ?

LANDMARK CASES ON TRADE MARK INFRINGEMENT OF LIQUOR BRANDS

LANDMARK CASES ON TRADE MARK INFRINGEMENT OF LIQUOR BRANDS Carlsberg India Pvt. Ltd vs. Radico Khaitan Ltd. Facts: Radico Khaitan Ltd., a manufacturer of alcoholic beverages was the plaintiff. The company was using the numeral i.e. 8 from 2006 itself till now, and they were generating scores of profit which was added onto their revenue … Continue reading LANDMARK CASES ON TRADE MARK INFRINGEMENT OF LIQUOR BRANDS

CASE OF BRITANIA V PARLE

CASE NOTE Britannia Industries Ltd.                                                                               ..... Plaintiff versus Parle Biscuits Pvt. Ltd & Anr.                                                                        ..... Defendants FACTS: The case of the Plaintiff is that the impugned advertisement of the defendants had disparaged the Plaintiff’s cookies to promote its own Parle 20-20 cookies and in the said advertisement, the design of the cookies of … Continue reading CASE OF BRITANIA V PARLE

CASE OF “TAK” MARK INFRINGEMENT OF THE MEDIA CHANNEL “AAJ TAK”

CASE: LIVING MEDIA INDIA LTD. & ANR VS. AAB TAK CHANNEL.COM (JOHN DOES) & ORS Brief facts: All the defendant has used the suffix “Tak” on which Plaintiffs have the legal right under Trademark bearing trade mark number 1242922 in class 38 and trade mark number 1242921 in class 41. Moreover, the mark    is also … Continue reading CASE OF “TAK” MARK INFRINGEMENT OF THE MEDIA CHANNEL “AAJ TAK”

CASE OF DISNEY CARICATURES INFRINGEMENT

Disney Enterprises Inc. & Anr  V Balraj Muttneja & Ors. Brief Facts There are 2 plaintiffs in this case, the plaintiff 1 is M/s Disney Enterprises Inc. which is a corporation organized and existing in the United States of America and is the creator of a number of world-famous characters such as Mickey Mouse, Minnie … Continue reading CASE OF DISNEY CARICATURES INFRINGEMENT

ALL ABOUT LAW OF INJUNCTION UNDER ORDER 39 CPC

Order 39, Code of Civil Procedure What is an Injunction? An injunction is an equitable remedy where an individual is commanded by a court – having authority over that individual – to perform or cease to perform a specific action, provided, if the court were not to intervene would cause irreparable harm to the status … Continue reading ALL ABOUT LAW OF INJUNCTION UNDER ORDER 39 CPC