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?
CASE OF “SCHEZWAN CHUTNEY” AND WHETHER IT HAS ACQUIRED “SECOND MEANING” IN MARKET?
The case[1] wherein the plaintiff claims that it had introduced a dip and spread-based product, coined under the trade mark "SCHEZWAN CHUTNEY". The plaintiff further explains how he coined the mark "SCHEZWAN CHUTNEY". SCHEZWAN is a province of "SZECHUAN" in China known for its, strong flavours, the pungency and the spiciness brought on by the usage of … Continue reading CASE OF “SCHEZWAN CHUTNEY” AND WHETHER IT HAS ACQUIRED “SECOND MEANING” IN MARKET?
KNOW THE BASICS OF SPORTS LAW AND GOVERNING STRUCTURE IN INDIA
WHAT IS SPORTS LAW ? Sports law is an area of law which relates to the sporting activities and events in the country. It is emerging line of law which deals with the legal issues pertaining to acts and issues of sports players, teams, managers and associates. It includes the traditional area of laws like … Continue reading KNOW THE BASICS OF SPORTS LAW AND GOVERNING STRUCTURE IN INDIA
What happened when two similar trademark for similar goods were registered, one in India and the other in a foreign nation?
The Hon’ble High Court of Delhi order states that the defendant no.1 and/or the defendant no. 4 (who has registered mark in Saudi Arabia) are by way of an ad-interim injunction, restrained from affixing the mark ‘TAJ MAHAL’ or any other mark deceptively similar to the registered marks of the plaintiff(which is the mark registered … Continue reading What happened when two similar trademark for similar goods were registered, one in India and the other in a foreign nation?
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?
DOES PART-PAYMENT OF A NEGOTIABLE INSTRUMENT RELIEVES THE ACCUSED FROM HIS LIABILITY?
Section 138[1] of Negotiable Instruments Act reads that the following are the components of the offence punishable under Section 138 of Negotiable Instrument Act: - (1) drawing of the cheque by a person on an account maintained by him with a Banker, for payment to another person from out of that account for discharge in … Continue reading DOES PART-PAYMENT OF A NEGOTIABLE INSTRUMENT RELIEVES THE ACCUSED FROM HIS LIABILITY?
DO YOU KNOW NO ONE CAN USE STARBUCKS PRODUCT NAME “FRAPPUCCINO” WITHOUT THEIR CONSENT ?
Introduction[1]: Plaintiff has filed for the permanent injunction prohibiting the defendants from using the plaintiff's registered trade mark "FRAPPUCCINO," including the "BROWNIE Chips FRAPPUCCINO" mark or any other similar trade mark in connection with the plaintiff’s products and services. The Plaintiff: Plaintiff is a lifestyle brand company founded in 1985 under the name “STARBUCKS CORPORATION”. Its predecessor … Continue reading DO YOU KNOW NO ONE CAN USE STARBUCKS PRODUCT NAME “FRAPPUCCINO” WITHOUT THEIR CONSENT ?
Why it’s Instagram or any platform obligation to prevent any user from uploading harmful content as per IT (Intermediary Guidelines and Digital Media Ethic Code) Amended Rules 2022 ?
As the push and demand for a safe and accountable internet was flooded in the country, the ministry of electronics and IT has come forward with amendments in Information Technology (Intermediary Guidelines and Digital Media Ethic Code) Amended Rules 2022 aimed at protecting the rights of people working digitally. Since the reliance on digital platform … Continue reading Why it’s Instagram or any platform obligation to prevent any user from uploading harmful content as per IT (Intermediary Guidelines and Digital Media Ethic Code) Amended Rules 2022 ?
Does a registered device mark provides protection separetly to a particular word present in the device mark?
Introduction: Plaintiff-company was formed on October 28, 1999, and has been using the names "VASUNDHRA" and "VASUNDHRA JEWELLERS" simultaneously ever since both as a commercial name as well as a trademark. Customers seek plaintiff's jewellery showroom in Pitampura, New Delhi, from all around India. The plaintiff is also registered proprietor of various marks in class 14 … Continue reading Does a registered device mark provides protection separetly to a particular word present in the device mark?
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 ?
DUCTUS EDGE 