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Spotify vs Opstify
A Swedish audio streaming and media service provider founded in 2006 by Daniel Ek, Spotify opposed a mark proposed for registration by Opstify Corporation vide the opposition notice dated 13th July, 2021. The former is the world’s largest music streaming service provider with over 356 million monthly active users. According to Trademark Trial and Appeal … Continue reading Spotify vs Opstify
Read more »Legality Of New Cybersecurity Directive
New Cyber Security Rules The Indian Computer Emergency Response committee recently issued new guidelines trying to combat cyber security incidents, with 6,07,220 incidents being reported in the first half of 2021. The directions prescribe mandatory data collection, retention and integration by data centers, virtual private network providers, cloud services providers and others. However, directions for … Continue reading Legality Of New Cybersecurity Directive
Read more »European Union Represented By The European Commission V. Union Of India
FACTS OF THE CASE The petitioner, European Union, represented by the European Commission located in Belgium filed two writ petitions[1] under Article 226 and 227 of the Constitution of India. The petition comprised of patent application bearing no. 11123/DELPN/2012 titled ‘Method of Providing an Authenticable Time-and-Location Indication and an application bearing no. 3466/DELNP/2013 titled ‘Apparatus … Continue reading European Union Represented By The European Commission V. Union Of India
Read more »Engineering Analysis Centre Of Excellence Private Limited V. The Commission Of Income Tax And Anr: Raising More Questions Than Answering
The Supreme Court in “Engineering Analysis Centre of Excellence Private Limited v. The Commission of Income Tax and Anr.”[1] dealt with the classification of the payments under the distribution agreements or the end-user license agreements (EULA). The moot question before the Court was that can these payments amount to the royalty as provided under Section … Continue reading Engineering Analysis Centre Of Excellence Private Limited V. The Commission Of Income Tax And Anr: Raising More Questions Than Answering
Read more »Discretionary power of the Adjudicating Authority to reject CIRP applications under Section 7(5)(a) of the IBC
The National Company Law Tribunal and the National Company Law Appellate Tribunal has traditionally held that it is mandatory for the Corporate Insolvency Resolution Process(CIRP) to be initiated once the existence of a debt has been established under Section 7(5) of the Insolvency and Bankruptcy Code, 2016. There was no separate interpretation of Section 7(5) … Continue reading Discretionary power of the Adjudicating Authority to reject CIRP applications under Section 7(5)(a) of the IBC
Read more »The True Final Word on Compound Interest in Arbitral Awards?
The Arbitration and Conciliation Act, 1996 allows arbitral tribunals to award interest on the money payable under an award, running from the date on which to the cause of action arose, to the date on which the award was made. The Act also empowers tribunals to award post-award interest, which accrues until the award has … Continue reading The True Final Word on Compound Interest in Arbitral Awards?
Read more »Google vs Oracle: The way forward
In the court’s definition, an API includes both “declaring code” and “implementing code”—terms adopted by the court, although they are not used by developers in Java or other programming languages. The declaring code (what Java developers call the method declaration) declares the name of the method and its inputs and outputs. Implementing code (what Java … Continue reading Google vs Oracle: The way forward
Read more »Oh Why vs. Shape of You
On April 6, the UK High Court issued a judgment of non-infringement in favor of artist Ed Sheeran over his 2017 song, “Shape of You.” The court held that Sheeran did not copy a part of Defendant Sami Chokri’s 2015 song called “Oh Why.” The ruling came nearly four years after co-writers Chokri and Ross … Continue reading Oh Why vs. Shape of You
Read more »Harpic vs. Domex: Who’s better
Advertisements form an important factor of the marketing strategy of an organization. It is common that there is competition in the market and hence, certain firms tend to disparage the goodwill of another company. In common parlance, comparative advertisement means advertisement of a particular product by comparing with the competitor’s product for showing why it … Continue reading Harpic vs. Domex: Who’s better
Read more »Extent of Pro Bono Activities in Indian Law Firms: A Profound Study
Even though the impact of Liberalization, Privatization and Globalization (LPG) – 1991, particularly globalization in the backdrop of the specific regulatory, historical, economic, and socio cultural milieu, India had “dialectical complexity” of the interaction between global and local forces resulting in distinctively Indian vision of pro bono law firms. Beliefs such as “giving back” and … Continue reading Extent of Pro Bono Activities in Indian Law Firms: A Profound Study
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