Admissibility of Electronic Records: Bharatiya Sakshya Sanhita vs IPC

Introduction With the implementation of the new Criminal Laws, the landscape of criminal litigation will change, both in practice and theory. The three constituents of Criminal Law namely, Bharatiya Nagarik Suraksha Sanhita, Bharatiya Nyaya Sanhita, and Bharatiya Sakshya Sanhita have been devised to acknowledge and accommodate the contemporary needs and situations. Former Laws dating back … Continue reading Admissibility of Electronic Records: Bharatiya Sakshya Sanhita vs IPC

Navigating Global Markets: The Madrid System’s Role in International Trademark Protection

INTRODUCTION  In an era of expanding international trade and global business landscapes, protecting intellectual property rights has become a paramount concern for businesses seeking to establish a strong and recognizable presence worldwide. One of the key mechanisms facilitating this endeavor is the Madrid System for the International Registration of Marks. The Madrid Union currently has … Continue reading Navigating Global Markets: The Madrid System’s Role in International Trademark Protection

WHETHER TENANCY CAN BE A GROUND TO OBSTRUCT THE POSESSION OF SECURED PROPERTY BY SECURED CREDITOR?

INTRODUCTION     In the financial landscape the secured creditors used to counter with many difficulties and obstacles in taking possession of the secured asset when the borrowers used to default in payment of lending amount to lender/Secured creditor. Therefore, the SARFAESI Act came into existence to speed up the recovery and empowering the creditors. However, … Continue reading WHETHER TENANCY CAN BE A GROUND TO OBSTRUCT THE POSESSION OF SECURED PROPERTY BY SECURED CREDITOR?

CASE OF TRADEMARK CANCELLATION AFTER REGISTRATION: P BROS V. FYBROS

Introduction: A petition was filed[1] under section 57(2) of the Trade Marks Act, 1999 for the removal of the mark “P BROS”. The mark P BROS is registered in the favour of the respondent no. 1. Notices were issued to the respondents and were accepted by them, however, no appearance was made by the Respondent … Continue reading CASE OF TRADEMARK CANCELLATION AFTER REGISTRATION: P BROS V. FYBROS

CASE OF SHELL BRAND WHERE HC STRIKE DOWN THE UNJUST REFUSAL ORDER OF TRADEMARK EXAMINER

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

Learn about trademark registration in NewZeland

Introduction: A wave of entrepreneurship has hit the peak worldwide. Every day we come across number of startups trying to make through the market. Almost all the goods and services available to public have no single manufacturer or service provider and this is where the trademark comes into play. The trademark distinguishes the goods and … Continue reading Learn about trademark registration in NewZeland

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

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?