Understanding Promoter Lock-In: Importance for Investors

PROMOTER LOCK-IN Promoter or Founder Lock-In is a standard clause in most Shareholder Agreements that prohibits the promoter/founder group to sell their shares to anyone without the prior written consent of the Investor. WHY DO INVESTORS INSIST FOR A PROMOTER LOCK-IN? Retain Skin in the game (SITG): Promoters have the maximum stake/SITG in their company. … Continue reading Understanding Promoter Lock-In: Importance for Investors

DON’T SAY JHAKAAS: YOU CAN NOT USE ANIL KAPOOR’S PERSONALITY RIGHTS

Whether protection can be sought for the personality rights, publicity rights and elements associated with persona such as name, voice, photograph/image/likeness, manner of speaking and dialogue delivery, gestures, signatures etc. against misuse over internet? In the High Court of New Delhi[1], the famous Indian actor Mr. Anil Kapoor has initiated a suit seeking protection of … Continue reading DON’T SAY JHAKAAS: YOU CAN NOT USE ANIL KAPOOR’S PERSONALITY RIGHTS

DATA PROTECTION LAW WHICH CAN PENALIZE UPT0 250 CRORE FOR BREACH OF DATA AND VIOLATION OF LAW

Introduction In an era defined by digital innovation and the seamless exchange of information, the need to protect individuals' privacy and personal data has become paramount. Recognizing this, governments around the world are enacting comprehensive legislation to address these concerns. Indian lawmakers on 09.08.2023 passed a data protection law that will dictate how tech companies … Continue reading DATA PROTECTION LAW WHICH CAN PENALIZE UPT0 250 CRORE FOR BREACH OF DATA AND VIOLATION OF LAW

Whether the registrar has the power to condone delay or take into consideration such delayed application for review?

Well, the answer to this question was answered by the Delhi High Court in a recent judgment in the case of MS Aman Engineering Works Vs Registrar Trade Marks, Trade Marks Ministry, New Delhi & Anr., 2022[1]. The Delhi High Court, in its ruling, determined that the Registrar of Trade Marks does not possess the … Continue reading Whether the registrar has the power to condone delay or take into consideration such delayed application for review?

WHETHER PRIOR USAGE AND REGISTRATION OF THE MARK SHOULD BE GIVEN DUE RECOGNITION AND PROTECTION?

Summary of the facts: The plaintiff is a subsidiary of “MAYO” Clinic, a well-known charitable organization based in the United States. They operate internationally and have a strong reputation under the mark “MAYO” for providing medical care, research, education, and diagnostic services. The plaintiff holds trademarks for "MAYO” and related marks in India and over … Continue reading WHETHER PRIOR USAGE AND REGISTRATION OF THE MARK SHOULD BE GIVEN DUE RECOGNITION AND PROTECTION?

Producer or the author of the screenplay, who owns the copyright?

Introduction:  The suit was filed by the plaintiff seeking a decree for permanent injunction restraining the defendant through its dealers, distributors, employees and/or assigns from making and selling, any work indulged in the novelization of the cinematograph film NAYAK. As per the plaintiff, novelization of the screenplay NAYAK without the consent of plaintiff amounts to … Continue reading Producer or the author of the screenplay, who owns the copyright?

CASE OF SHELL BRAND WHERE HC STRIKE DOWN THE UNJUST REFUSAL ORDER OF TRADEMARK EXAMINER

Introduction: In the present case[1] an appeal was filed at IPAB and pursuant to the Tribunal Reforms Act of 2021, the present appeal has been received on transfer by the High Court of Delhi. The Senior Examiner of Trademarks' decision dated March 15, 2018, regarding Application No. 2365543 for the mark under class 4, is … Continue reading CASE OF SHELL BRAND WHERE HC STRIKE DOWN THE UNJUST REFUSAL ORDER OF TRADEMARK EXAMINER

COMMERCIAL DRONES INDUSTRY AND LEGAL FRAMEWORK IN INDIA

INTRODUCTION OF DRONES BUSINESS ECOSYSTEM IN INDIA India is the fastest growing economy across the world and country has witnessed stupendous transformation in business ecosystem and technology. It’s not wrong to state that Pro business policies by the central government and establishment of digital ecosystem has surely given a direction to the country which is … Continue reading COMMERCIAL DRONES INDUSTRY AND LEGAL FRAMEWORK IN INDIA

Whether a defendant can rely on documents not filed along with the written statement in case of a commercial suit?

Facts: In the case ofTTK Prestige Ltd V. K K And Company Delhi Pvt Ltd & Ors’.[1]: the plaintiff is engaged in the business of kitchen home appliances like pressure cooker , gas stoves and so on under the brand name PRESTIGE since 1955. The registration of the mark with respect to class 11 (installation … Continue reading Whether a defendant can rely on documents not filed along with the written statement in case of a commercial suit?