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January, 2023 | Khurana and Khurana - Part 2

Month: January 2023

Trademarking Times

Background The plaintiff, TRIUMPHANT INSTITUTE OF MANAGEMENT EDUCATION,  has adopted the trademark, i.e. T.I.M.E., an acronym derived from the name of the Company after the suit with TIME Inc., an educational institute in the USA, in 2003. In the suit, the plaintiff has settled the suit by agreeing not to use the word ‘TIME’ and … Continue reading Trademarking Times

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The Ambit of Section 138 of the NI Act: Dashrathbhai Trikambhai Patel Versus Hitesh Mahendrabhai Patel & Ors

Introduction In general sense if the payee is unable to deposit the payer’s cheque, the cheque is considered to be dishonoured. Mismatch of signature, insufficient funds, date on the cheque, damaged cheque, overwriting are some of the common reasons that lead to dishonour of cheque. The principal conception behind the incorporation of section 138 of … Continue reading The Ambit of Section 138 of the NI Act: Dashrathbhai Trikambhai Patel Versus Hitesh Mahendrabhai Patel & Ors

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Pappu Bawariya and Another v District Collector Civil Station and others; An Analysis

Introduction Child Labour can be defined or explained as a practice where children as humans and their rights are exploited and they are forced to engage or be employed in any economically beneficial activity either part-time or full-time. Some of the general factors responsible for this illegal practice are lack of awareness among parents, poverty, … Continue reading Pappu Bawariya and Another v District Collector Civil Station and others; An Analysis

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Personality rights – An Examination of Amitabh Bachchan v. Rajat Nagi and Ors

Introduction “While one person may build a home, another knit a sweater so also may a third create a valuable personality, all three must be recognised by the law as ‘property’ protected against trespass and theft.”[1] A person laboriously constructs a celebrity persona through a combination of intellectual, emotional and physical efforts. The good-will and … Continue reading Personality rights – An Examination of Amitabh Bachchan v. Rajat Nagi and Ors

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Media Trial : Creating Perspectives And Influencing Prejudices

Introduction Media being one of the foundation pillars of Indian Democracy, plays an extremely crucial role in affecting, influencing, and creating the mindsets of general public either in or against of any individual accused of crime. Especially, in the cases of celebrities or high-profile cases, media actively not just create a hysteria amongst the people … Continue reading Media Trial : Creating Perspectives And Influencing Prejudices

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Critical Analysis Of Rules Regulating Online Gaming

Introduction Online gaming is a vast and rapidly expanding industry, with millions of people around the world participating in a wide variety of games on a daily basis. In recent years, there has been an increasing recognition of the need for regulations to help ensure the safety and fairness of online gaming, and to protect … Continue reading Critical Analysis Of Rules Regulating Online Gaming

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USPTO Reduces Small and Micro Entities Patent Fees via Unleashing American Innovators Act of 2022

Introduction: Application costs for patents are a necessary evil. However, by reducing those fee in comparison to major organizations, the US Govt. aims to make patenting process more affordable for small and micro enterprises and individual inventors. This multi-tiered structure aims to promote innovation while giving small businesses and independent innovators a relief and in … Continue reading USPTO Reduces Small and Micro Entities Patent Fees via Unleashing American Innovators Act of 2022

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Trademark Infringement Through Allied & Cognate Goods- Hon’ble Delhi High Court Grants Ex-Parte Ad-Interim Injunction

Introduction As a settled proposition of law, ex-parte injunctions are granted by the court only in exceptional cases. In IPR matters, specifically in cases of trademark infringement, the plaintiff, out of several remedies, has the option of asking for an ex-parte injunction. While observing the principles on which the court may grant an ex-parte injunction … Continue reading Trademark Infringement Through Allied & Cognate Goods- Hon’ble Delhi High Court Grants Ex-Parte Ad-Interim Injunction

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Patent Litigation : Need of Specialized Patent Trial Courts in India

INTRODUCTION Intellectual Property Rights, a set of technical rights giving rise to exceptionalism under patent law which has increasingly become a specialized field. The problem of abusive patent litigation has diverted the patentee’s attention from innovation to fighting against “patent trolls”. Through this research article, the authors try to emphasis on the need of judicial … Continue reading Patent Litigation : Need of Specialized Patent Trial Courts in India

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Company Law

Introduction The article that has been chosen for review is “Shareholders and the Oppression remedy”[1]. The author of this article is A. K. Fiadjoe and it was published in the year 1975 in Ghana Law Review. The article focuses on the different aspects of Section 218 of the Companies Code [2]( hereinafter referred to as … Continue reading Company Law

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