ARE YOU ALSO BUYING ‘ROOH AFZA’, THE ONE MANUFACTURED IN PAKISTAN ?

Introduction: The lawsuit was initiated by the plaintiffs Hamdard National Foundation (India) and Hamdard Dawakhana, who also conduct business as Hamdard Laboratories India, against the defendants Amazon Seller Services Pvt. Limited and M/s. Golden Leaf. The claim is related to the trademark infringement of plaintiff’s product as well as mark “ROOH AFZA” at e commerce … Continue reading ARE YOU ALSO BUYING ‘ROOH AFZA’, THE ONE MANUFACTURED IN PAKISTAN ?

WHAT IS PROCESS FEES IN A CASE AND PROCEDURE TO FILE PROCESS FEE IN COURT

Process fees (PF) A process fee is chargeable by the court to serve the other party involved in the case for example for serving summons, notices, and so on. Whenever anything has to be served to another party through court, pf is filed.  No process shall be issued until the proper fee for its service … Continue reading WHAT IS PROCESS FEES IN A CASE AND PROCEDURE TO FILE PROCESS FEE IN COURT

AN ATTEMPT TO STEAL THE IDENTITY OF LIQUOR BRAND “OFFICER’S CHOICE”

Introduction The present suit is filed in the High Court of Delhi, wherein the plaintiff seeks permanent injunction; restraining infringement of trademark, copyright, passing off and so on among other reliefs. Plaintiff: The plaintiff is said to be in the business of, among other things, producing and marketing alcoholic beverages, including Indian Made Foreign Liquor … Continue reading AN ATTEMPT TO STEAL THE IDENTITY OF LIQUOR BRAND “OFFICER’S CHOICE”

CLASH OF TEA BRANDS: CHAAYOS AGAINST CHAIOPS

Introduction to the case[1] The case revolves around the trademark infringement of one of the famous and leading chain of chai cafes in India. The plaintiff has brought this lawsuit in an effort to seek permanent injunction against the defendant for infringing upon the registered trademark of the plaintiff. The final orders were rendered by Justice Prathiba M. … Continue reading CLASH OF TEA BRANDS: CHAAYOS AGAINST CHAIOPS

AN ATTEMPT TO STEAL THE IDENTITY OF INDIA’S PROMINENT LEGAL NEWS AND RESEARCH PORTAL “LIVE LAW”

Introduction: Live Law is an online news portal, the subject area of which is to provide legal news. Over the time Live Law has built a reputation in terms of providing latest judgements, case analysis, etc. of various courts such as Supreme Court, High Courts, various others courts and tribunals. Apart from that, the portal … Continue reading AN ATTEMPT TO STEAL THE IDENTITY OF INDIA’S PROMINENT LEGAL NEWS AND RESEARCH PORTAL “LIVE LAW”

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”

ALL ABOUT LAW OF INJUNCTION UNDER ORDER 39 CPC

Order 39, Code of Civil Procedure What is an Injunction? An injunction is an equitable remedy where an individual is commanded by a court – having authority over that individual – to perform or cease to perform a specific action, provided, if the court were not to intervene would cause irreparable harm to the status … Continue reading ALL ABOUT LAW OF INJUNCTION UNDER ORDER 39 CPC

Harmonious Interpretation of the Statute of Trademark Law: RENAISSANCE V. SAI RENAISSANCE

Time and again, the provisions laid in the statute and their interpretations by the Courts have come into light in various decisions, which has made it clearer that textual and contextual interpretation goes hand in hand. One cannot be ignored for the other nor the absence of one can make up for the other.  Both … Continue reading Harmonious Interpretation of the Statute of Trademark Law: RENAISSANCE V. SAI RENAISSANCE