Category: Legal Issues

Enforceability of Emergency Awards Passed in Foreign-Seated Arbitration

28th August, 2021 - 11:55 am Categories: Legal Issues

Introduction Recently the Supreme Court of India in Amazon.com NV Investment Holdings LLC vs. Future Retail Limited settled the dispute revolving around the Emergency Arbitration with Justice Nariman and Justice Gavai holding it to be included within section 17(2) of the Arbitration and Conciliation Act, 1996. This is a significant step towards India becoming a … Continue reading Enforceability of Emergency Awards Passed in Foreign-Seated Arbitration

Read more »

Legal Position in India Pertaining to Infringement of Right to Publicity of a Celebrity

26th August, 2021 - 4:16 am Categories: Legal Issues

It is a well-known fact that celebrities have a great impact on the audience and therefore, the advertisement industry hugely expends in collaborating with the celebrities in order to expand their brand value in the market. With the great potential and incentives that this endeavor brings, there is also another side to the story where … Continue reading Legal Position in India Pertaining to Infringement of Right to Publicity of a Celebrity

Read more »

Key Judicial Elucidations: Amazon v. Future Retail Limited & Ors.

16th August, 2021 - 12:55 pm Categories: Legal Issues

The Hon’ble Supreme Court of India settled the question of enforceability of a foreign arbitral award in Amazon.com NV Investment Holdings LLC v. Future Retail Limited and Ors. The Apex Court held that an award delivered by an emergency arbitrator under the rules of a foreign seated arbitration is an Order under Section 17(1) of … Continue reading Key Judicial Elucidations: Amazon v. Future Retail Limited & Ors.

Read more »

Double Patenting and Where it Stands as per Delhi High Court

15th July, 2021 - 5:12 am Categories: Legal Issues

In a recent Judgement by Delhi High Court on 02.11.2020 (CS (Comm) 410/2020 AstraZeneca Ab & Anr v Alkem Laboratories), AstraZeneca (Plaintiff), a reputed British-Swedish multinational Pharmacy & Biotechnology company, was denied an Application under Order 39 Rule 1 &2 under the CPC for grant of Temporary Injunction against Alkem Laboratories (Defendants). It was contended … Continue reading Double Patenting and Where it Stands as per Delhi High Court

Read more »

Davis v. Pinterest, Inc.: The Road Map to Contributory Infringement Suits

2nd July, 2021 - 4:40 am Categories: Legal Issues

“The one who distributes, with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.” The concept of contributory copyright infringement thus stems from the law of torts which basically purports that … Continue reading Davis v. Pinterest, Inc.: The Road Map to Contributory Infringement Suits

Read more »

A Critical Analysis of Singh & Singh Dispute Order

30th June, 2021 - 6:50 am Categories: Legal Issues

Recently, the Delhi High Court through its judgment vide order dated 2nd June ’21, temporarily restricted the Canada based law firm named Singh + Singh Lawyers LLP (S&S Canada) from violating the trademark rights of the India based law firm Singh & Singh Law Firm LLP (S&S India). Through this article, the author aims to … Continue reading A Critical Analysis of Singh & Singh Dispute Order

Read more »

Demystifying the Conundrum of Arbitrability of Disputes Concerning Trademarks

30th June, 2021 - 5:29 am Categories: Legal Issues

Introduction The Delhi High Court, through its judgement, in the recent matter of M/S. Golden Tobie Private Limited v. M/S. Golden Tobacco Limited, dated 04-06-21 delved into the interpretation of section 8 of the Arbitration and Conciliation Act in relation to the disputes involving Trademarks. The Hon’ble court considered this dispute concerning the breach of … Continue reading Demystifying the Conundrum of Arbitrability of Disputes Concerning Trademarks

Read more »

Antitrust Investigation into Amazon and Flipkart: An Overview

30th June, 2021 - 5:14 am Categories: Legal Issues

In line with the recent trend of increasing scrutiny against Big-Tech firms, the Competition Commission of India [hereinafter “CCI”] is ready to accelerate the anti-trust investigation that was launched against Amazon Seller Services Private Limited [hereinafter “Amazon”] and Flipkart Internet Private Limited [hereinafter “Flipkart”] last year in the month of January. This move comes as … Continue reading Antitrust Investigation into Amazon and Flipkart: An Overview

Read more »

The Redefined Boundaries Of Section 397 After The McDonald Case

24th June, 2021 - 11:23 am Categories: Legal Issues

Introduction In Vikram Bakshi v. Connaught Plaza Restaurants Limited[1] (‘McDonald’s case’), Vikram Bakshi approached the National Company Law Tribunal (‘NCLT’) on the grounds of oppression by McDonald’s. He alleged that the act of not re-electing him as the Managing Director (‘MD’) of Connaught Plaza Restaurants (‘the company’) amounted to oppression under section 397 of the … Continue reading The Redefined Boundaries Of Section 397 After The McDonald Case

Read more »

Interdigital vs.Xiaomi: India’s First Anti-Enforcement Injunction Order

28th May, 2021 - 12:47 pm Categories: Legal Issues

The concept of anti-suit injunction and anti-enforcement injunction is gaining prominence worldwide including in India. Recently, the Delhi High Court in Interdigital Technology Corporation vs. Xiaomi Corporation & Ors.[1] granted an anti-enforcement injunction. It was held that a foreign court cannot restrain a party from pursuing its cause before Indian Court when Indian jurisdiction is … Continue reading Interdigital vs.Xiaomi: India’s First Anti-Enforcement Injunction Order

Read more »

Categories

Archives