Introduction The present suit is filed in the High Court of Delhi, wherein the plaintiff seeks permanent injunction; restraining infringement of trademark, copyright, passing off and so on among other reliefs. Plaintiff: The plaintiff is said to be in the business of, among other things, producing and marketing alcoholic beverages, including Indian Made Foreign Liquor … Continue reading AN ATTEMPT TO STEAL THE IDENTITY OF LIQUOR BRAND “OFFICER’S CHOICE”
CLASH OF TEA BRANDS: CHAAYOS AGAINST CHAIOPS
Introduction to the case[1] The case revolves around the trademark infringement of one of the famous and leading chain of chai cafes in India. The plaintiff has brought this lawsuit in an effort to seek permanent injunction against the defendant for infringing upon the registered trademark of the plaintiff. The final orders were rendered by Justice Prathiba M. … Continue reading CLASH OF TEA BRANDS: CHAAYOS AGAINST CHAIOPS
AN ATTEMPT TO STEAL THE IDENTITY OF INDIA’S PROMINENT LEGAL NEWS AND RESEARCH PORTAL “LIVE LAW”
Introduction: Live Law is an online news portal, the subject area of which is to provide legal news. Over the time Live Law has built a reputation in terms of providing latest judgements, case analysis, etc. of various courts such as Supreme Court, High Courts, various others courts and tribunals. Apart from that, the portal … Continue reading AN ATTEMPT TO STEAL THE IDENTITY OF INDIA’S PROMINENT LEGAL NEWS AND RESEARCH PORTAL “LIVE LAW”
CASE OF CARLSBERG AND TUBORG
Background: The trademark "CARLSBERG" was initially registered in India on July 9, 1949, under application number 139539 in Class 32, and the plaintiff is the registered owner of such mark. Additionally, it is claimed that the plaintiff conducted the first sale in India using the aforementioned brand in 1904. Further registrations of the plaintiff's mark … Continue reading CASE OF CARLSBERG AND TUBORG
AN ATTEMPT TO STEAL THE IDENTITY OF ROYAL STAG
Brief Facts: Pernod Ricard S.A., the plaintiffs' parent firm, purchased a portion of the Seagram Group in December 2001. The Seagram Company Ltd. awarded "Pernod Ricard S.A." its many brand names, service marks, trademarks, and logos as well as the goodwill of the company. The trademark "SEAGRAM'S" is still used for alcoholic beverages sold under … Continue reading AN ATTEMPT TO STEAL THE IDENTITY OF ROYAL STAG
SELLING FIRST COPY OF SHIRT BRAND: TRADEMARK INFRINGEMENT
India is currently drawn towards the wave of entrepreneurship along with the rest of the world. The number of trademark registration in India is on rise and has hit its zenith. This increase is also leading to a lot of Trademark infringement, especially in the form of look-alike trademark. It is important for the entrepreneurs … Continue reading SELLING FIRST COPY OF SHIRT BRAND: TRADEMARK INFRINGEMENT
CASE OF TRADE MARK PASSING OFF ON FLIPKART
The emergence of e-commerce has posed a number of difficulties for IPR rights protection. In the context of e-commerce, a passing off action that was formerly limited to goods with identical logos, markings, names, and labels has taken on a new meaning. E-commerce platforms give small and medium-sized business owners an alternative platform to market … Continue reading CASE OF TRADE MARK PASSING OFF ON FLIPKART
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
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
DUCTUS EDGE 