The Hon’ble High Court of New Delhi[1] was of the opinion that the mark ‘SUBWAY’ and ‘SUBERB’ are not deceptively similar to each other as the word, ‘Sub’, common to both the marks is a publici juris and the remaining ‘ERB and WAY’ are neither phonetically similar nor similar as a word mark. The Case: … Continue reading Whether the mark ‘SUBWAY’ and ‘SUBERB’ are similar to each other?
CASE OF “SCHEZWAN CHUTNEY” AND WHETHER IT HAS ACQUIRED “SECOND MEANING” IN MARKET?
The case[1] wherein the plaintiff claims that it had introduced a dip and spread-based product, coined under the trade mark "SCHEZWAN CHUTNEY". The plaintiff further explains how he coined the mark "SCHEZWAN CHUTNEY". SCHEZWAN is a province of "SZECHUAN" in China known for its, strong flavours, the pungency and the spiciness brought on by the usage of … Continue reading CASE OF “SCHEZWAN CHUTNEY” AND WHETHER IT HAS ACQUIRED “SECOND MEANING” IN MARKET?
KNOW THE BASICS OF SPORTS LAW AND GOVERNING STRUCTURE IN INDIA
WHAT IS SPORTS LAW ? Sports law is an area of law which relates to the sporting activities and events in the country. It is emerging line of law which deals with the legal issues pertaining to acts and issues of sports players, teams, managers and associates. It includes the traditional area of laws like … Continue reading KNOW THE BASICS OF SPORTS LAW AND GOVERNING STRUCTURE IN INDIA
Constitution of Internal Complaint Committee to deal with sexual harassment complaints against high ranking officers
The petition was sought to review the order of this Hon’ble Court with regards to the criteria of constitution of ICC in cases of sexual harassment complaints against high ranking officers of the level of Joint Secretary and above. The Hon’ble High Court of Delhi held that when allegations are made against senior level officers, … Continue reading Constitution of Internal Complaint Committee to deal with sexual harassment complaints against high ranking officers
Whether the Limitation Act, 1963, would apply to appeals under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
“The Hon’ble High Court of New Delhi held that Section 5 of the Limitation Act would apply in respect of appeals which may be sought to be preferred under Section 18 of the SHW Act of 2013”. Facts: In the case at hand Respondent no. 1 accused Respondent no. 2 of harassing her. The matter … Continue reading Whether the Limitation Act, 1963, would apply to appeals under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
WHETHER THE ARBITRATION CLAUSE CONTAINED IN PURCHASE ORDER IS BINDING ?
WHAT IS ARBITRATION CLAUSE Arbitration Clause refers to the clause which allows the parties to refer their dispute to Arbitration under the seen or unforeseen circumstances of disputes among the parties to a contract. Further this clause provides an opportunity to settle the disputes at an economic and time saver manner as compared with that of … Continue reading WHETHER THE ARBITRATION CLAUSE CONTAINED IN PURCHASE ORDER IS BINDING ?
Whether a legal practitioner is allowed to represent a person, facing an enquiry before the Internal Complaints Committee in a case of Harassment at Work Place?
In the recent decision of the Hon’ble High Court of Delhi[1], the court rejected the view of allowing a legal representative to represent petitioner in an enquiry conducted by Internal Complaint and held that: The petition is not maintainable as Rule 7(6) of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 … Continue reading Whether a legal practitioner is allowed to represent a person, facing an enquiry before the Internal Complaints Committee in a case of Harassment at Work Place?
WHERE AN EMPLOYEE CAN INSTITUTE SUIT FOR TERMINATION ?
An employee terminated from this service, where will the territorial jurisdiction of court lie 1) where the employee was posted when he received termination order ;OR; 2) the registered office where decision for termination was taken Both the labour courts will have jurisdiction 1) where the employee was last posted 2) the place where the … Continue reading WHERE AN EMPLOYEE CAN INSTITUTE SUIT FOR TERMINATION ?
What happened when two similar trademark for similar goods were registered, one in India and the other in a foreign nation?
The Hon’ble High Court of Delhi order states that the defendant no.1 and/or the defendant no. 4 (who has registered mark in Saudi Arabia) are by way of an ad-interim injunction, restrained from affixing the mark ‘TAJ MAHAL’ or any other mark deceptively similar to the registered marks of the plaintiff(which is the mark registered … Continue reading What happened when two similar trademark for similar goods were registered, one in India and the other in a foreign nation?
INTERPRETING THE ARBITRATION CLAUSE
It is a settled proposition of law that the existence of a valid arbitration agreement under section 7 of the Arbitration act 1996 is sine-qua-non for a court to exercise its powers to appoint an arbitrator/arbitral tribunal under section 11 of the act. Section 2 (1)(b) of the Act, defines “arbitration agreement” to mean an … Continue reading INTERPRETING THE ARBITRATION CLAUSE
DUCTUS EDGE 