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
STAY ON PAYMENT OF GST ON ROYALTY FOR GRANT OF MINING LEASE
The Honorable High Court of Jharkhand has stayed order of payment of GST on royalty for grant of mining lease in batch of petitions before it by an interim order vide Order dated 20.4.2022. The Order was based upon Para 3 of the Order passed in W.P.(T) No. 432 of 2021 dated 24.02.2022; which is … Continue reading STAY ON PAYMENT OF GST ON ROYALTY FOR GRANT OF MINING LEASE
WHETHER REVISION IS MAINTAINABLE AGAINST INTERLOCUTORY ORDER ?
CASE BRIEF IN THE MATTER OF: BAPUJI MURUGESAN VERSUS MYTHILI RAJAGOPALAN (Crl. R.C. No. 766 of 2019) FACTS:That the Petitioner was convicted by learned MM, Fast Track Court for an offence under Section 138 of Negotiable Instruments Act, 1881. The appellant was directed to undergo imprisonment for a period of 6 months and was … Continue reading WHETHER REVISION IS MAINTAINABLE AGAINST INTERLOCUTORY ORDER ?
LANDMARK CASES ON TRADE MARK INFRINGEMENT OF LIQUOR BRANDS
LANDMARK CASES ON TRADE MARK INFRINGEMENT OF LIQUOR BRANDS Carlsberg India Pvt. Ltd vs. Radico Khaitan Ltd. Facts: Radico Khaitan Ltd., a manufacturer of alcoholic beverages was the plaintiff. The company was using the numeral i.e. 8 from 2006 itself till now, and they were generating scores of profit which was added onto their revenue … Continue reading LANDMARK CASES ON TRADE MARK INFRINGEMENT OF LIQUOR BRANDS
Rights of Independent Music Artists and basics of Copyright Law In India
FINAL MAY DUCTUS CR CONFERENCE FOR ARTISTDownload
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
CASE OF “TAK” MARK INFRINGEMENT OF THE MEDIA CHANNEL “AAJ TAK”
CASE: LIVING MEDIA INDIA LTD. & ANR VS. AAB TAK CHANNEL.COM (JOHN DOES) & ORS Brief facts: All the defendant has used the suffix “Tak” on which Plaintiffs have the legal right under Trademark bearing trade mark number 1242922 in class 38 and trade mark number 1242921 in class 41. Moreover, the mark is also … Continue reading CASE OF “TAK” MARK INFRINGEMENT OF THE MEDIA CHANNEL “AAJ TAK”
