Order 39, Code of Civil Procedure What is an Injunction? An injunction is an equitable remedy where an individual is commanded by a court – having authority over that individual – to perform or cease to perform a specific action, provided, if the court were not to intervene would cause irreparable harm to the status … Continue reading ALL ABOUT LAW OF INJUNCTION UNDER ORDER 39 CPC
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
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
DISPUTE OF GOLDEN GOLD FLAKE
FACTUAL MATRIX: The Plaintiff: M/S. GOLDEN TOBIE PRIVATE LIMITED The Defendant: M/S. GOLDEN TOBACCO LIMITED Court: The Delhi High Court, Coram: HON’BLE MR. Justice Jayant Nath. In the Present case (GOLDEN TOBIE (P) Ltd. v. GOLDEN TOBACCO LTD), a supply agreement (dated 16.08.2019), a trademark license agreement (dated 12.02.2020) and an amendment agreement (dated 29.08.2020) was entered between the parties of the case. Further, … Continue reading DISPUTE OF GOLDEN GOLD FLAKE
HOW A DIRECTOR IS APPOINTED UNDER COMPANIES ACT, 2013?
Section 152 of the Companies Act, 2013 (the Act) deals with the appointment of Director, which states that every Director shall be appointed by the Company in general meeting, unless expressly provided otherwise. Further, only a natural person can be appointed as Director. Prerequisites for appointment of Director: 1. Proposed Director must obtain Director Identification … Continue reading HOW A DIRECTOR IS APPOINTED UNDER COMPANIES ACT, 2013?
WHETHER INSOLVENCY CAN BE INITIATED AGAINST THE DEVELOPER COMPANY FOR FAILURE TO REFUND THE MAINTENANCE SECURITY FUNDS?
M/S VIPUL GREENS RESIDENTS WELFARE ASSOCIATION v. VIPUL LIMITED (IB)-541(ND)/2019 | 12-07-2021 M/S VIPUL GREENS RESIDENTS WELFARE ASSOCIATION v. VIPUL LIMITED The present petition is filed under Section 7 of the Insolvency & Bankruptcy Code, 2016, (hereinafter referred to as the “Code”), praying for initiation of Corporate Insolvency Resolution Process of the Respondent/Corporate Debtor on … Continue reading WHETHER INSOLVENCY CAN BE INITIATED AGAINST THE DEVELOPER COMPANY FOR FAILURE TO REFUND THE MAINTENANCE SECURITY FUNDS?
WHO IS THE ACTUAL PROPRIETOR OF CORONIL, IF NOT PATANJALI?
ARUDRA ENGINEERS PVT. LTD. V. PATHANJALI AYURVED LTD. Factual Background The plaintiff is the registered proprietor of the marks “CORONIL-92 B” and “CORONIL-213 SPL” under Class 1 for industrial chemicals. The defendant launched the much vaunted CORONIL for curing coronavirus, but in the face of a battery of complaints including from the AYUSH Ministry, restated … Continue reading WHO IS THE ACTUAL PROPRIETOR OF CORONIL, IF NOT PATANJALI?
Does the rise of E-commerce Platforms is threat for Direct Selling ?
Amway India Enterprises Pvt. Ltd. vs 1Mg Technologies Pvt. Ltd. & Anr. on 8 July, 2019 Division Bench (DB) of the Delhi High Court set aside a common judgment passed by a Single Judge thereof in July last year in Amway India Enterprises Pvt. Ltd. v. 1Mg Technologies Pvt. Ltd. & Anr. The common judgment addressed the interlocutory applications filed in seven … Continue reading Does the rise of E-commerce Platforms is threat for Direct Selling ?
Friction of Headphones; Infringement dispute of “Boat” vs “Boult”
Imagine Marketing Pvt Ltd v. Exotic Mile (CS (COMM): 519 OF 2019) In this case, the plaintiff filed a suit for trademark infringement, passing off, and copyright infringement against the defendant in 2019. The Hon’ble Delhi High Court Judge ‘Justice Mukta Gupta’ on 21st January, 2020, granted a decree of an interim injunction in favour of … Continue reading Friction of Headphones; Infringement dispute of “Boat” vs “Boult”
DUCTUS EDGE 