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CCI v. State of Mizoram with M/S Tamarai Technologies Pvt. Ltd v. State of Mizoram
Introduction The objective of the Competition Act, 2002 [hereinafter the “2002 Act”] is simple i.e., to eliminate practices that hamper competition, to promote and sustain competition, to ensure the welfare of consumers, and to secure freedom of trade by eliminating cartelization. However, despite the objective being as simple as it is, the jurisdiction of the … Continue reading CCI v. State of Mizoram with M/S Tamarai Technologies Pvt. Ltd v. State of Mizoram
Read more »Antitrust Issues In Entertainment And Film Industry (Part 2)
In the last segment, we analysed how section 3 of the Competition Act, 2002 (hereinafter the Act) works in the entertainment industry, and how it can be used. In this part, we’ll look at how section 4 of the Act works in the entertainment business. Section 4 of the Act talks about people who use … Continue reading Antitrust Issues In Entertainment And Film Industry (Part 2)
Read more »Antitrust Issues In Entertainment And Film Industry (Part 1)
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)
Read more »Violation of Settlement Agreement: Preliminary Injunction not Amended Holding Defendant in Contempt
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
Read more »Liability Of Directors In Case Of Dishonor Of Cheque
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
Read more »Credible Proof Required For Ascertaining The Likelihood Of Confusion
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
Read more »Offences Under Section- 63 Of Copyright Act, 1957; Section- 103 Of Trademark Act, 1999- Bailable Or Non-Bailable
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
Read more »DRS Logistics Vs Google: Liability For Using Third Party Trademarks As Keywords
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
Read more »Analysis of R.G. Anand V. M/S Deluxe Films And Its Relevance In Recent Times
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
Read more »A Comparative Study Of Judicial Approach Between India And U.S.A.
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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