Category: Legal Issues

Intermittent Prior Use Vis-A-Vis The Defence Under Section 34 Of The Trade Marks Act, 1999

The Hon’ble High Court of Delhi in a recent case of Peps Industries Private Limited vs. Kurlon Limited, [1] discussed about the defence under Section 34 of the Trade Marks Act, 1999 along with the concept of descriptive trademark. PEPS INDUSTRIES PRIVATE LIMITED VS. KURLON LIMITED Brief Facts: By way of this suit before the … Continue reading Intermittent Prior Use Vis-A-Vis The Defence Under Section 34 Of The Trade Marks Act, 1999

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Remedy Against Online Piracy To Protect The Interest Of Copyright Owners – A Newer Approach By Way Of ‘Dynamic Injunction’

With the digital economy in play, online piracy has always been an incumbent issue amongst the copyright owners and the rights of the owners were often affected either due to the lack of sufficient remedy or sufficient guidelines. However, the Hon’ble Delhi High Court in its recent judgement dated 10th April, 2019 in UTV Software … Continue reading Remedy Against Online Piracy To Protect The Interest Of Copyright Owners – A Newer Approach By Way Of ‘Dynamic Injunction’

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Dismissal Of Suit In Absence Of Individual Civil Rights vis-a-vis Specific Relief Act: Delhi High Court

In a recent judgment by J. Rajiv Sahai End law in the case of Claudia de Simone & Ors. Vs. Actial Farmaceutica Srl & Ors., the Delhi High Court dismissed the suit seeking  grant of injunction against manufacturing, importing, advertising, selling, offering to sell and stocking their new product or any other formulation amounting to drug … Continue reading Dismissal Of Suit In Absence Of Individual Civil Rights vis-a-vis Specific Relief Act: Delhi High Court

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Migrant Workers’ COVID 19 Measures: PIL Update

There were two set of PILs that have been filed in the Supreme Court of India concerning the migrant workers: A. Writ Petition No. 468/2020 titled “Alakh Alok Srivastava Vs UOI” (hereinafter referred to as “WP 1”) was filed by an Advocate practicing in the Supreme Court (Petitioner-in-Person), seeking immediate action to safeguard the rights … Continue reading Migrant Workers’ COVID 19 Measures: PIL Update

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TikTok, Clock Ticks?

TikTok is a video sharing application that allows users to create and share 15 second videos, owned by the Chinese company ByteDance, after merging with its predecessor- Musical.ly. The App allows its users to record their reactions to videos and further edit them with filters, music, animation, special effects etc., and like all other social … Continue reading TikTok, Clock Ticks?

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Dilemma between Filing an Appeal vs. Order 39 Rule 4 Application in Injunctions Granted Under Order 39 Rules 1 and 2

The efficacy of substantive laws depends, to a large extent, upon the quality and clarity of the procedural laws. Unless the procedure for enforcing rights is simple, effective, expeditious, inexpensive and unambiguous, substantive laws, however well they may have been drafted, would fail in their purpose and object. As observed by Sir Henry Maine, “Procedure … Continue reading Dilemma between Filing an Appeal vs. Order 39 Rule 4 Application in Injunctions Granted Under Order 39 Rules 1 and 2

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Intercity Hotel GMBH v. Hotel Intercity Delhi and Others

2019 SCC OnLine Del 7644 PARTIES The Plaintiff; Intercity Hotel GMBH is in the business of providing temporary accommodations with food and drinks. The Defendant Hotel Intercity Delhi is also in the business of providing temporary accommodation with food and drinks and is operating a hotel in Karol Bagh. BRIEF FACTS Plaintiff’s trademark INTERCITYHOTEL is … Continue reading Intercity Hotel GMBH v. Hotel Intercity Delhi and Others

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Tea Board, India v. ITC Limited

C.S. No. 250 of 2010  PARTIES The Plaintiff is Tea Board of India which is a state agency of the Government of India established to promote the cultivation, processing, and domestic trade as well as export of tea from India The Defendant is ITC Ltd. a multinational conglomerate company headquartered at Kolkata, West Bengal. BRIEF … Continue reading Tea Board, India v. ITC Limited

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To Sue or Not To Sue Ashok Kumar?

An Analysis of John Doe Orders in the Light of Fundamental Right to Access to Internet In the year 2016, when a message had started appearing on websites, that stated that watching pirated films could result in a fine of Rs. 3 lakh and up to a 3 year prison-term,Justice G.S. Patel of Bombay High … Continue reading To Sue or Not To Sue Ashok Kumar?

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Right of Publicity in Video Games

INTRODUCTION TO THE RIGHT OF PUBLICITY Under the US law, the right of Publicity has an origin in the acknowledgment of the personal right to privacy. This right was first recognised in the United States in the second circuit court decision of Haelan Laboratories Inc v Topps Chewing Gum Inc [1] which involved dispute pertaining … Continue reading Right of Publicity in Video Games

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