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INTRODUCTION In 21st Century the world is revolutionizing itself with help of IT (Information and Technology), wherein, the world is going through a transformation with regard to many sets of evolutions related to e-business, e-mails, e-shopping, e-dating and even e-transfers. Nevertheless, cyber-crimes are the ferns that grows prima-facie alongside worldwide. Cyber-crimes as the name suggests … Continue reading CYBER CRIMES & THE LAWS GOVERNING THEM

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INTRODUCTION The advent of digitization poses new issues for copyright law. Today, a digital file can be copied and instantaneously distributed worldwide through the Internet, thus potentially depriving the copyright holder of revenue from licensed sales. As a result, holders of copyright on creative works in digital format are contesting the right of consumers to … Continue reading EVER WONDERED, WHAT IF THERE IS COPYRIGHT INFRINGEMENT OF CONTENT ON INSTAGRAM OR FACEBOOK ?

In the case of M/S Hero Ecotech Ltd. & Anr vs Hero Cycles Ltd. & Others on 7 July 2015: In 2010, the families of four Munjal brothers — founder of Hero Cycles, namely, Brijmohan Lall, Om Prakash, Satyanand, and Dayanand (all of them deceased) separated amicably. All this while, there had never been any … Continue reading WHO DOES THE ‘HERO’ BELONG TO?

Introduction A Trademark Opposition is a tool for the public at large to exercise their owners for their own benefit before the Registrar of the trademark. Wherein one party can object another from enlisting a trademark. India has a trademark law evolved on precedent-based law standards besides having a governing statute. Indian trademark law is … Continue reading OPPOSITION: AN OPPORTUNITY TO DEFEND YOUR TRADE IDENTITY

THE LANDMARK CASE OF “GEMS” Vs. “JAMES BOND” In this competitive world, there are many companies that try to capitalize on a large market share by introducing unified products and commodities. At the same time, some companies malignly stab to tarnish their uniqueness of well pre-dominant established products by creating such illusive concoctions to deceit … Continue reading WHEN IT WAS “GEMS” VS “JAMES BOND” ?

Intellectual Property Rights are the right given to a person over the creations of their minds. Intellectual Property has primarily 4 different branches- Trademarks, Patent, Copyright, and Design. Apart from these, Geographical Indications and Trade Secrets also form a part of Intellectual Property. According to the World Intellectual Property Organization, a Trademark is “a sign … Continue reading REMEDY UNDER TRADEMARK LAW WITH REGARD TO A BONAFIDE YET UNREGISTERED MARK; PASSING OFF

Facts of the case: The apellant and the respondent are pharmaceutical companies. They had taken over the assets of the erstwhile Cadila Group after its restructuring under Sections 391 and Section 394 of the Companies Act. Under the restructuring scheme both the apellant as well as the respondent got the right to use the name … Continue reading JUDGEMENT THAT LAID DOWN YARDSTICK TO IDENTIFY PASSING OFF; CADILA HEALTHCARE LTD VS CADILA PHARMACEUTICALS LTD- CASE SUMMARY

COMMERCIAL LEASE Lease is generally a contract between the Lessor and Lessee with regard to a Property, Plot or Building, legally known as Demised Premises, wherein, the parties agrees by the terms and conditions as specified in the Deed pertaining to the Lease to use the said Premises for commercial purposes. Lease is governed basically … Continue reading LAWS REVOLVING AROUND COMMERCIAL LEASES IN INDIA