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
USE OF PHOTOGRAPHS OF THE OTHER BRANDS TO SELL YOUR PRODUCTS ON YOUR WEBSITE AMOUNTS TO COPYRIGHT INFRINGEMENT
The photographs used for advertisement on the website, qualify as “artistic works” within the meaning of Section 2(c) of the Copyrights Act, 1957. In the recent case of LOUIS VUITTON MALLETIER v. WWW.HAUTE24.COM & ORS[1]. The plaintiff Louis Vuitton filed a suit against the defendant for using the copyrighted photographs of the plaintiff by defendants … Continue reading USE OF PHOTOGRAPHS OF THE OTHER BRANDS TO SELL YOUR PRODUCTS ON YOUR WEBSITE AMOUNTS TO COPYRIGHT INFRINGEMENT
What is the intent behind incorporating the summary judgment procedure in the Commercial Court Act, 2015?
The intent behind incorporating the summary judgement procedure in the Commercial Court Act, 2015 is to ensure disposal of commercial disputes in a time-bound manner. In case of Su-Kam Power Systems Ltd. v. Kunwer Sachdev and Another[1] the court held “Rule 3 of Order XIIIA, CPC, as applicable to commercial disputes, empowers the Court to … Continue reading What is the intent behind incorporating the summary judgment procedure in the Commercial Court Act, 2015?
Whether a woman employee, working as a contractual employee, be provided with maternity benefits like a regular employee?
A woman employee cannot be denied maternity benefits merely because her status is that of a contractual employee. In the case of Rasitha C.H. versus State of Kerala & Ors[1]. Petitioner working as an Assistant Professor in Medical Microbiology on contract basis was denied the claim for maternity benefit. As per the university clause 11 … Continue reading Whether a woman employee, working as a contractual employee, be provided with maternity benefits like a regular employee?
PIKASHOW APP RESTRICTED FROM ILLEGALLY DISTRIBUTING HOTSTAR APP’S CONTENT
The Plaintiff: The Plaintiffs are a prominent entertainment and media company in India, and they are the owners of the copyright of a substantial amount of content, including movies, albums, TV shows, etc. The Plaintiffs control their own OTT platform, "Hotstar," as well as a mobile application called "Disney+ Hotstar," in addition to transmitting the … Continue reading PIKASHOW APP RESTRICTED FROM ILLEGALLY DISTRIBUTING HOTSTAR APP’S CONTENT
DO YOU KNOW NO ONE CAN USE STARBUCKS PRODUCT NAME “FRAPPUCCINO” WITHOUT THEIR CONSENT ?
Introduction[1]: Plaintiff has filed for the permanent injunction prohibiting the defendants from using the plaintiff's registered trade mark "FRAPPUCCINO," including the "BROWNIE Chips FRAPPUCCINO" mark or any other similar trade mark in connection with the plaintiff’s products and services. The Plaintiff: Plaintiff is a lifestyle brand company founded in 1985 under the name “STARBUCKS CORPORATION”. Its predecessor … Continue reading DO YOU KNOW NO ONE CAN USE STARBUCKS PRODUCT NAME “FRAPPUCCINO” WITHOUT THEIR CONSENT ?
Why it’s Instagram or any platform obligation to prevent any user from uploading harmful content as per IT (Intermediary Guidelines and Digital Media Ethic Code) Amended Rules 2022 ?
As the push and demand for a safe and accountable internet was flooded in the country, the ministry of electronics and IT has come forward with amendments in Information Technology (Intermediary Guidelines and Digital Media Ethic Code) Amended Rules 2022 aimed at protecting the rights of people working digitally. Since the reliance on digital platform … Continue reading Why it’s Instagram or any platform obligation to prevent any user from uploading harmful content as per IT (Intermediary Guidelines and Digital Media Ethic Code) Amended Rules 2022 ?
DUCTUS EDGE 