According to the Bombay High Court, an arbitration agreement is assignable in the same way that any other contract is, and if the rights and obligations under an agreement that contains an arbitration clause are assigned in favour of the assignee, the arbitration remedy would also be assigned in that person's favour. In light of … Continue reading ARBITRATION CLAUSE IS ASSIGNABLE: BOMBAY HIGH COURT
BATTLE OF “NINETY ONE; 91” AND “NINETY NINE; 99” MARK ON CYCLE
An interim application under Order XXXIX Rules 1 and 2 of CPC seeking interlocutory injunction had been filed by the plaintiff wherein ad interim injunction was granted in the favour of the plaintiff. The defendant further filed an interim application to vacate ad interim injunction granted on 11th October 2022. For the given below reasons … Continue reading BATTLE OF “NINETY ONE; 91” AND “NINETY NINE; 99” MARK ON CYCLE
Whether the word ‘Super’ is a laudatory word? Whether Applicant can have exclusive right over a laudatory trade mark?
As per the Hon’ble High Court of Delhi[1] and in view of Section 17(2) of the Act, the plaintiff shall not have any exclusive right in respect of the mark “super‟. The intent behind Section 17(2) is to prevent such an abuse by a person who gets a composite mark registered in its favour, which … Continue reading Whether the word ‘Super’ is a laudatory word? Whether Applicant can have exclusive right over a laudatory trade mark?
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?
WHAT FACTORS ARE TO BE CONSIDERED IN DFETERMINING WHETHER A MARK IS A WELL KNOWN MARK?
Section 11(6) of the Act: (6) The Registrar shall, while determining whether a trade mark is a well-known trade mark, take into account any fact which he considers relevant for determining a trade mark as a well-known trade mark including: (i) the knowledge or recognition of that trade mark in the relevant section of the … Continue reading WHAT FACTORS ARE TO BE CONSIDERED IN DFETERMINING WHETHER A MARK IS A WELL KNOWN MARK?
SMALL/MEDIUM COMPANY SHOULD EXPLORE THE LEGAL RECOVERY THROUGH MSME ACT
What is an MSME? MSMEs serve as auxiliary units to large companies and make a substantial contribution to the country's inclusive industrial growth. The MSMEs are expanding their sphere of influence across economic sectors and generating a wide range of goods and services to satisfy domestic and international markets. CLASSIFICATIONSBASED ON PLANT & MACHINERYANNUAL TURNOVER Manufacturing … Continue reading SMALL/MEDIUM COMPANY SHOULD EXPLORE THE LEGAL RECOVERY THROUGH MSME ACT
KHAN CHACHA VS KHAN CHACHA BIRYANI
The plaintiff holds registration of trademark under Class 29 and 43. He claims to be the user of the mark since 1st April 1972 for food items as well as for providing restaurants services, which are also enlisted on various websites which provide online catering services. As per the plaint “KHAN CHACHA” is inventive and … Continue reading KHAN CHACHA VS KHAN CHACHA BIRYANI
WHAT IS ANGEL INVESTOR FUND ?
According to the SEBI AIF Regulations[1], angel investors can be individuals or companies who meet the certain defined criteria. What are Angel Investors? Chapter IIIA of SEBI(AIF) Regulation, 2012[2] consists of Angel fund. An Individual Angel Investor[3] is any person who proposes to invest in an angel fund and who has net tangible assets of … Continue reading WHAT IS ANGEL INVESTOR FUND ?
2 CRORE COMPENSATION FOR WRONG HAIR STYLING?
In the present case[1] the NCDRC had directed the defendant to pay to the complainant a compensation of Rupees 2 Crores. The Following case has been appealed before the Supreme Court of India. The Supreme Court has set aside the judgement and directed the NCDRC to quantify the claims again. FACTS OF THE CASE: In … Continue reading 2 CRORE COMPENSATION FOR WRONG HAIR STYLING?
RESTRAINING ORDERS WITH REGARD TO UNAUTHORIZED USAGE OF VIJAY DEVERAKONDA’S BRAND “ROWDY”
A civil court in Bengaluru has issued an interim injunction preventing two manufacturers from using the brand/trade name "ROWDY," which was created by Telugu actor Vijay Deverakonda, to sell replica apparel until the case is resolved. The application filed by Rowdywear Pvt. Ltd. was partially approved by Additional City Civil Judge Padma Prasad, who also … Continue reading RESTRAINING ORDERS WITH REGARD TO UNAUTHORIZED USAGE OF VIJAY DEVERAKONDA’S BRAND “ROWDY”
