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February, 2023 | Khurana and Khurana

Month: February 2023

Analysis of new Inserted Tax Deducted at Source (TDS) provision (Section194R)


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Introduction To ease the burden of the assesses (general public who are taxpayers) to pay the tax on due date at the end of the financial year the Central Board of Direct Taxes (CBDT) deducts the tax at source on the due income before being credited to the general public. In this case, deduction is … Continue reading Analysis of new Inserted Tax Deducted at Source (TDS) provision (Section194R)

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Twitter’s Blue Tick and the Trademark Value it Holds

Introduction Twitter is undergoing massive changes since Elon Musk completed the company’s purchase for $44bn this month. The changes include Musk firing a majority of his staff, including top executives and reinstating Twitter accounts of various banned celebrities and politicians including rapper Kanye West and former US President Donald Trump. The most significant change is … Continue reading Twitter’s Blue Tick and the Trademark Value it Holds

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Examining Calcutta High Court’s Decision on Infringement in the “Amul” Trademark Conflict

Introduction In the recent case of the Calcutta High Court granted an interim relief in an issue about trademark infringement in favour of the well-known brand “Amul”. As per the facts of the case, the local cake/bakery shop is giving complimentary candles which are duly packed in a box having a similar logo to that … Continue reading Examining Calcutta High Court’s Decision on Infringement in the “Amul” Trademark Conflict

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Intellectual Property Law Judgment Analysis: Sujata Chaudhri v. Swarupa Ghosh

Introduction The present case relates to an almost identical logo of 2 (two) Law firms. Here, the plaintiff, Ms. Sujata Chaudhri, proprietor and managing partner of Sujata Chaudhri IP attorneys, sought a permanent injunction restraining trademark infringement, copyright infringement, and passing off against the Defendant, Ms. Swarupa Ghosh, an IP lawyer. The order was passed … Continue reading Intellectual Property Law Judgment Analysis: Sujata Chaudhri v. Swarupa Ghosh

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Case analysis: Akash Aggarwal vs Flipkart Internet Private Limited and Ors. CS (COMM) 492/2022


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Introduction: Facts Of The Case The Delhi High Court declared that the e-commerce platform Flipkart’s provision allowing 3rd party merchants to grab on to a more popular brand’s name amounts to passing off. In the current case the suit had been filed by the plaintiff Mr. Akash Aggarwal for seeking permanent and mandatory injunction for copyright infringement … Continue reading Case analysis: Akash Aggarwal vs Flipkart Internet Private Limited and Ors. CS (COMM) 492/2022

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Schneider Electric India Private Limited v. Millborn Switchgears Private Limited

A Commercial Court in Bengaluru recently restrained Millborn Switchgears Private Limited from manufacturing, marketing, offering for sale and advertising any product under the trademarks “MU” and “MU-G” and under the registered design of Schneider Electric India Private Limited. The Additional City Civil and Sessions Judge (Commercial Disputes) passed an ex-parte injunction order in a commercial … Continue reading Schneider Electric India Private Limited v. Millborn Switchgears Private Limited

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Case Summary On Vardhman Properties Ltd V. M/S Vardhman Developers

Introduction There has always been a question that whether similar or phonetically similar trademarks can be registered same under the same class or not. Here in this case the plaintiff has registered the trademark on his name and wherein the respondent who has been accused for infringement of his mark and using the same mark … Continue reading Case Summary On Vardhman Properties Ltd V. M/S Vardhman Developers

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Protection Of Domain Name And Related Disputes

Introduction The domain name, like any other source identifier in trademark law, can be used as a sign of a company’s goodwill. In the world of e-commerce, a company’s domain name selection can be a crucial marketing tool, if not the most crucial component of its online presence. Users frequently attempt to predict a company’s … Continue reading Protection Of Domain Name And Related Disputes

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Lawyer’s Strikes in India: A Balanced Approach through Arbitration

Introduction “On the slightest pretense strikes and/or boycott calls are resorted to. The judicial system is being held to ransom. Administration of law and justice is threatened. The rule of law is undermined,” stated a three-judge bench of the Supreme Court in Ex-Capt. Harish Uppal vs Union Of India (2002).[i] The Court ultimately held that … Continue reading Lawyer’s Strikes in India: A Balanced Approach through Arbitration

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Analysis of Council’s Proposal on Electronic Vehicles

Introduction The Ministry of Road Transport and Highways (MoRTH) recently permitted the registration and sale of electric vehicles without pre-installed batteries. This action was taken to “decouple the cost of the battery (30-40% of the total cost) from the cost of the vehicle,” which provided the EV ecosystem a boost. This legislative decision is intended … Continue reading Analysis of Council’s Proposal on Electronic Vehicles

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