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Under Armour decision on FERs
Introduction During the discussion of the key concepts, the defendant raised an argument that the plaintiff had suppressed material facts. According to the defendant, since the plaintiff had not disclosed its reply to the FER when seeking registration, it should not be allowed to take a contrary position in the current trademark infringement litigation. The … Continue reading Under Armour decision on FERs
Read more »RPG Enterprises Limited v Riju Ghoshal Trading As RPG
Introduction The plaintiff company is an Indian industrial group with over twenty years of business. The adoption of its trademark RPG originates from the company’s founder and well-known industrialist Mr. Rama Prasad Goenka. Over the years, RPG and the companies in its group have adopted a number of stylized/descriptive trademarks, including the mark RPG, to … Continue reading RPG Enterprises Limited v Riju Ghoshal Trading As RPG
Read more »Legal Framework for Over-The-Top (OTT) Platforms and Apps in India: A Comprehensive Analysis
Introduction The popularity of Over-the-Top (OTT) content in India is at its peak currently. These sources provide a huge amount of content which caters to the entertainment industry. But there is not much talk about the rules and regulations which are being followed by the content creators on such platform. This article is specifically throwing … Continue reading Legal Framework for Over-The-Top (OTT) Platforms and Apps in India: A Comprehensive Analysis
Read more »Online Dispute Resolution: Universal Remedy or an Implementation Façade
Online Dispute Resolution (“ODR”) is a method of resolving disputes by integrating different sets of technologies, enhancing the core process of Alternate Dispute Resolution (“ADR”) and effectively settling disputes.[1] The need for timely and effective settlement of disputes gave way to the development of ADR. At present, the world is witnessing post-pandemic effects of pushing … Continue reading Online Dispute Resolution: Universal Remedy or an Implementation Façade
Read more »Elsevier vs. Alexandra
Introduction A library website called Sci-Hub offers free access to books and academic articles. Sci-Hub and another website that is similar to it, Lib-Gen, were the targets of a copyright infringement complaint brought before the Delhi High Court by publishing firms who claimed that both websites engaged in online piracy. The publishing companies claim that … Continue reading Elsevier vs. Alexandra
Read more »Winzo vs. Google
Introduction Industries are implementing measures to sell their own products and improve client appeal as a result of rising worldwide competition. They occasionally have a tendency to promote their goods during this process at the risk of dishonouring or delegitimizing the product of their competitor. As a result, trademark law claims of “disparagement” are frequently … Continue reading Winzo vs. Google
Read more »Understanding The Concept Of ‘Royalties’ And ‘Copyright Society In The Indian Film Industry
Introduction ‘Copyright’ is the right of the creator of the work to claim all rights against the unauthorised use of their work.. It gives the exclusive right to the author to claim all the rights over his work and excludes anyone from using the benefit of the work without the approval of the author. The … Continue reading Understanding The Concept Of ‘Royalties’ And ‘Copyright Society In The Indian Film Industry
Read more »Allergan Inc vs The Controller of Patents
Introduction 13th August, 2012: Allergan Inc (“Appellant”) applied to the Patent Office, New Delhi, for the grant of a patent for “INTRACAMERAL SUSTAINED RELEASE THERAPEUTIC AGENT IMPLANTS” stating 20 claims. 06th November, 2017: The Controller of Patents (“Respondent”) objected the application by informing the Appellant that the subject matter is not patentable as under section … Continue reading Allergan Inc vs The Controller of Patents
Read more »Toyota vs. Jidosha Kabushiki
Introduction Toyota claimed to have launched its product- a minivan, under the name Alphard in 2002, stating that they have been using it in China, Russia, Indonesia, Philippines and Japan. In India, Toyota has filed an application to register the mark on a “proposed to be used” basis, under class 12 (Vehicles; apparatus for locomotion … Continue reading Toyota vs. Jidosha Kabushiki
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