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
ARBITRATION CLAUSE IS ASSIGNABLE: BOMBAY HIGH COURT
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
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?
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
Whether the mark ‘SUBWAY’ and ‘SUBERB’ are similar to each other?
The Hon’ble High Court of New Delhi[1] was of the opinion that the mark ‘SUBWAY’ and ‘SUBERB’ are not deceptively similar to each other as the word, ‘Sub’, common to both the marks is a publici juris and the remaining ‘ERB and WAY’ are neither phonetically similar nor similar as a word mark. The Case: … Continue reading Whether the mark ‘SUBWAY’ and ‘SUBERB’ are similar to each other?
Constitution of Internal Complaint Committee to deal with sexual harassment complaints against high ranking officers
The petition was sought to review the order of this Hon’ble Court with regards to the criteria of constitution of ICC in cases of sexual harassment complaints against high ranking officers of the level of Joint Secretary and above. The Hon’ble High Court of Delhi held that when allegations are made against senior level officers, … Continue reading Constitution of Internal Complaint Committee to deal with sexual harassment complaints against high ranking officers
WHETHER THE ARBITRATION CLAUSE CONTAINED IN PURCHASE ORDER IS BINDING ?
WHAT IS ARBITRATION CLAUSE Arbitration Clause refers to the clause which allows the parties to refer their dispute to Arbitration under the seen or unforeseen circumstances of disputes among the parties to a contract. Further this clause provides an opportunity to settle the disputes at an economic and time saver manner as compared with that of … Continue reading WHETHER THE ARBITRATION CLAUSE CONTAINED IN PURCHASE ORDER IS BINDING ?
What is the intent behind incorporating the summary judgment procedure in the Commercial Court Act, 2015?
The intent behind incorporating the summary judgement procedure in the Commercial Court Act, 2015 is to ensure disposal of commercial disputes in a time-bound manner. In case of Su-Kam Power Systems Ltd. v. Kunwer Sachdev and Another[1] the court held “Rule 3 of Order XIIIA, CPC, as applicable to commercial disputes, empowers the Court to … Continue reading What is the intent behind incorporating the summary judgment procedure in the Commercial Court Act, 2015?
Whether a woman employee, working as a contractual employee, be provided with maternity benefits like a regular employee?
A woman employee cannot be denied maternity benefits merely because her status is that of a contractual employee. In the case of Rasitha C.H. versus State of Kerala & Ors[1]. Petitioner working as an Assistant Professor in Medical Microbiology on contract basis was denied the claim for maternity benefit. As per the university clause 11 … Continue reading Whether a woman employee, working as a contractual employee, be provided with maternity benefits like a regular employee?
What happens when written statement is filed without being accompanied by an affidavit of admission and denial in Commercial Suit?
The Delhi High Court has observed in the case of Cosco International Pvt Ltd. v. Jagat Singh Dugar, on its decision dated 06th April, 2022, that the filing of a written statement within the prescribed time period and the defect of non-filing of the affidavit of admission/denial, if cured within the permissible time then nothing … Continue reading What happens when written statement is filed without being accompanied by an affidavit of admission and denial in Commercial Suit?
DUCTUS EDGE 