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March, 2022 | Khurana and Khurana - Part 3

Month: March 2022

Moonshine Technology (P) Ltd. V. Tictok Skill Games (P) Ltd.: Position Of “Descriptive Words”, “Delay” And Protection Of Consumers ’ Interests In A Trade Marks Act Infringement Case

Introduction Trademark infringement, defined under Section 29 of the Trade Marks Act, 1999[i] (hereinafter, referred to as ‘Act’) is the unauthorized use of a mark that is identical or deceptively similar to a registered trade mark and may cause confusion about the source of the goods or services. In the recent Trad emark act infringement … Continue reading Moonshine Technology (P) Ltd. V. Tictok Skill Games (P) Ltd.: Position Of “Descriptive Words”, “Delay” And Protection Of Consumers ’ Interests In A Trade Marks Act Infringement Case

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Proposed Amendment In IP And Trademark Law For search Protection Of Sound-Mark In Vietnam

Vietnam is proposing to amend its law to allow registration of sound mark, that is, sound acting as a trademark. A sound trademark, or sound mark, is a trademark where a unique sound performs the typical functions of a trademark search – distinguishing the origin of a product or service. The Vietnamese government has proposed … Continue reading Proposed Amendment In IP And Trademark Law For search Protection Of Sound-Mark In Vietnam

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Precautions To Be Taken While Canceling Power of Attorney (POA) : A Supreme Court Judgment Of 2022

In the Supreme Court of India a recent judgment Power of Attorney for a property on Amar Nath v. Gian Chand and Anr., dated 28-01-2022, of Civil Appeal No. 5797 of 2009, the Division Bench of K.M. Joseph and Pamidighantam Sri Narasimha, JJ., held that mere writing the word “canceled” or “drawing a line” would … Continue reading Precautions To Be Taken While Canceling Power of Attorney (POA) : A Supreme Court Judgment Of 2022

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Jet Airways: An Insolvency Resolution Journey

Jet Airways, which started off as an air taxi operator in 1993 and became a scheduled carrier in 1995, has been under insolvency for two years after it shut operations in April 2019 under a heavy debt. Jet Airways  is the first Indian carrier/airline to undergo insolvency proceedings under the Cross Border Insolvency Protocol along with … Continue reading Jet Airways: An Insolvency Resolution Journey

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Groundless Threats For Patent Infringement: Analysing S.106 Of Patents Act,1970

INTRODUCTION A groundless threat is one when a party threatens another party with legal proceedings without having a basis for the threats. The threat could be produced in the form of either written communication or orally. For instance, if a threat to prosecute for infringement is made where there has been no infringement, or the … Continue reading Groundless Threats For Patent Infringement: Analysing S.106 Of Patents Act,1970

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The Shifting Balance Of Convenience Under Indian Trademark Law

The case of Moonshine Technology Private Limited vs. Tictok Skill Games Private Limited and Others was decided by the Delhi High Court regarding the trademark infringement of the plaintiff’s registered trademark over the word “Baazi” by another gaming company using the word Baazi as a part of the poker game’s title as “WinZoBaazi”. The plaintiff … Continue reading The Shifting Balance Of Convenience Under Indian Trademark Law

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The Doctrine of Lifting the Corporate Veil: Origin, Evolution, Challenges

ORIGIN – THE DAWN OF THE DOCTRINE The theory of separate legal personality of a company is the one which lays the foundation and is a basic principle of corporate jurisprudence in modern legal systems all over the world. This theory gives an identity to the company which is distinct from its shareholders, members, or … Continue reading The Doctrine of Lifting the Corporate Veil: Origin, Evolution, Challenges

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TATA Consultancy Services Limitedv.Vishal Ghisulal Jain, Resolution Professional, SkWheels Private Limited

(Supreme Court of India) Civil Appeal No 3045 of 2020 The appeal stemmed from a ruling given on June 24, 2020 by the National Company Law Appellate Tribunal (“NCLAT”). The NCLAT affirmed an interim order issued by the National Company Law Tribunal (“NCLT” or “Adjudicating Authority”) on December 18, 2019, preventing the appellant from terminating … Continue reading TATA Consultancy Services Limitedv.Vishal Ghisulal Jain, Resolution Professional, SkWheels Private Limited

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Revisiting The Concept Of Consideration Un-der Indian Law Vis-A-Vis Smart Contracts

Over the years, the nature of contract has undergone a significant change, i.e., from conventional written contracts to digital smart contracts. Previously, contracts used to be in a written form duly signed by the parties and in exchange of tangible consideration. However, with increasing global trade and technological development, conventional contracts are being replaced by … Continue reading Revisiting The Concept Of Consideration Un-der Indian Law Vis-A-Vis Smart Contracts

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