SOOTHE HEALTHCARE PVT. LTD. V. DABUR INDIA LTD BRIEF FACTS In this case, Plaintiff is a private limited company manufacturing, marketing and trading in goods relating to personal hygiene, sanitary preparations etc. since 2012 and, in 2020 it started manufacturing and dealing in baby diapers, for this the plaintiff got various trademarks like “Super Cutes” … Continue reading WHO IS “SUPER”: AN ATTEMPT TO CLAIM PROTECTION OVER LAUDATORY WORD
BATTLE OF PRIDE: PERNOD RICARD INDIA PVT. LTD. VS. FROST FALCON DISTILLERIES LTD
BRIEF FACTS In this case, the plaintiff is a private limited company dealing in manufacturing of liquor and alleges that defendant’s mark ‘Casino Pride’, the label on the bottle and it’s design along with the packaging in which the bottle is sold, all infringes the plaintiff’s registered trademarks which are ‘Blender’s Pride’ and ‘Imperial Blue’ … Continue reading BATTLE OF PRIDE: PERNOD RICARD INDIA PVT. LTD. VS. FROST FALCON DISTILLERIES LTD
Harmonious Interpretation of the Statute of Trademark Law: RENAISSANCE V. SAI RENAISSANCE
Time and again, the provisions laid in the statute and their interpretations by the Courts have come into light in various decisions, which has made it clearer that textual and contextual interpretation goes hand in hand. One cannot be ignored for the other nor the absence of one can make up for the other. Both … Continue reading Harmonious Interpretation of the Statute of Trademark Law: RENAISSANCE V. SAI RENAISSANCE
NON FUNGIBLE TOKEN: A REVOLUTION OR THREAT TO YOUR COPY RIGHT OWNERSHIP
ABOUT NON FUNGIBLE TOKEN World is transforming on a very fast pace and pandemic has accelerated the digital revolution and ecosystem revolving around the internet. NFTs is one of the terminologies that are all around the internet space and probably the promotion of NFT is something that we are experiencing not only on social media … Continue reading NON FUNGIBLE TOKEN: A REVOLUTION OR THREAT TO YOUR COPY RIGHT OWNERSHIP
AI REVOLUTION: A UNICURSAL LABYRINTH
Artificial Intelligence: The Origin Artificial intelligence is particularly machine learning that is the machine’s ability to keep improving its performance without human having to explain exactly how to accomplish the assigned task. There is no doubt that within just few years’ machine learning has become far more efficient,insomuch so that we can now build systems … Continue reading AI REVOLUTION: A UNICURSAL LABYRINTH
WHETHER SALE OF IMPORTED GOODS IN INDIAN TERRITORY IS INFRINGEMENT OF TRADEMARK ? WHAT IS PARALLEL IMPORT
Import of branded goods acquired lawfully from foreign territory is widely acknowledged as parallel imports and every such import is subject to the IPR (Imported Goods) Enforcement rules, 2007, rules specify that any such import is subject to the consent of right holder i.e. the proprietor of brand, however, section 30(3) states that any goods … Continue reading WHETHER SALE OF IMPORTED GOODS IN INDIAN TERRITORY IS INFRINGEMENT OF TRADEMARK ? WHAT IS PARALLEL IMPORT
POST TAKEOVER/ACQUISITION IMPACT ON NEGATIVE COVENANTS
INTRODUCTION For every organization their employees and key executives are their most valuable assets with respect to the value they bring in to the organization. The organizations attempt to safeguard these key personals and employees from the competitors in order to strengthen their stand in the competitive market and negative covenants are used as one … Continue reading POST TAKEOVER/ACQUISITION IMPACT ON NEGATIVE COVENANTS
DOOR LOCKED? IS IT A DEEMED DELIVERY UNDER SECTION 138 OF NI ACT?
DOOR LOCKED? IS IT A DEEMED DELIVERY UNDER SECTION 138 OF NI ACT? One must wonder in the present era of corona virus what would happen if the delivery of summons and legal notices have been processed from the sender and haven’t been delivered, wherein, either returned pertaining to the locked door or unaccepted by … Continue reading DOOR LOCKED? IS IT A DEEMED DELIVERY UNDER SECTION 138 OF NI ACT?
WHEN CUSTOM AUTHORITY CAN SUSPEND THE IMPORTED GOODS FOR INFRINGEMENT
In the present case the Petitioner NBU Bearings Pvt. Ltd. had filed 6 bills of entry with the Customs Authority and asserted before the Bombay High Court (‘Court’) that without issuing any order of confiscation under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 (‘IPR Rules’), the Customs Authority had suspended clearance of its … Continue reading WHEN CUSTOM AUTHORITY CAN SUSPEND THE IMPORTED GOODS FOR INFRINGEMENT
CONFLICT BETWEEN TWO REGISTERED PROPRIETORS
Franco Indian Pharmaceuticals Pvt. Ltd. (‘Plaintiff’) filed an infringement suit against Corona Remedies Pvt. Ltd. (‘Defendant’) for passing-off of the Plaintiff’s mark “STIMULIV” by open advertisement of the registered mark “STIMULET” by the Defendant. The counsel for the Defendant argued that the products of the parties are different as the one sold by the Defendant … Continue reading CONFLICT BETWEEN TWO REGISTERED PROPRIETORS
