Category: Legal Issues

Antitrust Issues In Entertainment And Film Industry (Part 1)

11th February, 2022 - 1:06 pm Categories: Legal Issues

Introduction: India’s film industry is so glamorous that it attracts people from all over the world. Given how huge the industry is, there are various laws that apply to it. In the present article, we will be analysing the antitrust issues in the film industry and the application of Competition Laws. Competition law is the … Continue reading Antitrust Issues In Entertainment And Film Industry (Part 1)

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Violation of Settlement Agreement: Preliminary Injunction not Amended Holding Defendant in Contempt

10th February, 2022 - 4:42 am Categories: Legal Issues

The case deals in the violation of a preliminary injunction granted in the civil suit brought by the plaintiff, A.B. Cernelle against the defendants, Graminex L.L.C. and its Chief Operating Officer, Cynthia May where it was alleged that the Defendants appropriated Plaintiff’s Trademark, CERNITIN and CERNILTON. A settlement was reached where the provisions of the … Continue reading Violation of Settlement Agreement: Preliminary Injunction not Amended Holding Defendant in Contempt

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Liability Of Directors In Case Of Dishonor Of Cheque

8th February, 2022 - 4:37 am Categories: Legal Issues

Introduction: The way cheques are issued, bounced, and dealt with has changed dramatically throughout the years. Our country has benefited greatly from commercial globalization. The use of cheques expanded in tandem with the rapid growth of commerce and trade, as did the number of cheque bouncing disputes. The purpose of Sections 138-142 of the Negotiable … Continue reading Liability Of Directors In Case Of Dishonor Of Cheque

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Credible Proof Required For Ascertaining The Likelihood Of Confusion

2nd February, 2022 - 12:23 pm Categories: Legal Issues

Trademark is an important part of the company’s branding, it is important to safeguard the trademark and have effective protection. One such current case was of Hard Candy which is a company that is involved in the industry of cosmetics. HARD CANDY mark was filed for trademark by the predecessor of the company in 1995. … Continue reading Credible Proof Required For Ascertaining The Likelihood Of Confusion

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Offences Under Section- 63 Of Copyright Act, 1957; Section- 103 Of Trademark Act, 1999- Bailable Or Non-Bailable

27th January, 2022 - 1:16 pm Categories: Legal Issues

Bailable Offence has been defined under the Criminal Procedure Code, 1973 (hereinafter referred to as CrPC) as an offense which is shown as bailable in the first schedule, or which is made bailable by any other law for the time being in force and “non-bailable offense” means any other offense. In the case of Piyush … Continue reading Offences Under Section- 63 Of Copyright Act, 1957; Section- 103 Of Trademark Act, 1999- Bailable Or Non-Bailable

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DRS Logistics Vs Google: Liability For Using Third Party Trademarks As Keywords

27th January, 2022 - 1:04 pm Categories: Legal Issues

INTRODUCTION With advancements in technology and the introduction of the Internet, our personal and social life has majorly been influenced by the internet or cyberspace. In order to meet the increasing demand of the market, businesses are also making a shift to the virtual world. These days businesses are adopting various advertising and marketing strategies … Continue reading DRS Logistics Vs Google: Liability For Using Third Party Trademarks As Keywords

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Analysis of R.G. Anand V. M/S Deluxe Films And Its Relevance In Recent Times

11th January, 2022 - 12:57 pm Categories: Legal Issues

INTRODUCTION Infringement of an owner’s copyright by a third party is usually a contentious issue, especially when both works are linked by a common narrative and source. It is a well-established law that there exists no copyright in ideas. Only the material form in which the ideas are translated is protected by copyright. For example, … Continue reading Analysis of R.G. Anand V. M/S Deluxe Films And Its Relevance In Recent Times

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A Comparative Study Of Judicial Approach Between India And U.S.A.

7th January, 2022 - 12:05 pm Categories: Legal Issues

INTRODUCTION Trademark protection legislation was enacted to give trademark owners exclusive proprietary rights, a monopoly over their trademarks, and safeguard the public’s goodwill. Trademark protection was designed to prevent the sale of counterfeit goods under a well-known brand name, but when these owners go above and beyond their legal rights to defend their mark, the … Continue reading A Comparative Study Of Judicial Approach Between India And U.S.A.

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The Taste of India Prevails in Canada

31st December, 2021 - 7:45 am Categories: Legal Issues

INTRODUCTION The case of Kaira District Co-operative Milk Producers’ Union Limited (“Kaira”) and Gujarat Cooperative Milk Marketing Federation Ltd. (“Gujarat”) v. Amul Canada, Mohit Rana, Akash Ghosh, Chandu Das, and Patel is the first-ever victory seen by AMUL on the foreign soil. One of India’s prominent dairy giants – AMUL had to take a rough … Continue reading The Taste of India Prevails in Canada

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Scope Of NCLT & NCLAT’s Powers Under Section 7 Of IBC, 2016

23rd December, 2021 - 5:03 am Categories: Legal Issues

INTRODUCTION The NCLT was established under Section 408 of the Companies Act, 2013 18 of 2013 w.e.f 01st June 2016 to exercise and discharge all duties and functions conferred on it by or under this Act or any other law in force at the time. The IBC’s institutional foundation called for the creation of a … Continue reading Scope Of NCLT & NCLAT’s Powers Under Section 7 Of IBC, 2016

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