Category: Legal Issues

Copyright infringement in the matter of Shivani Tibrewala v/s Rajat Mukherjee

PARTIES Plaintiff: Shivani Tibrewala Defendant: Rajat Mukherjee, Welcome Friends Productions LLP, Rohit Sehtia, Amrit Sethia, S.O.I.E. Ginza Industries Ltd. BRIEF FACTS The Plaintiff has filed the present infringement of copyright suit against the Defendant alleging that the Defendant’s cinematographic work named “Umeed” is a substantial reproduction or altered copy of the Plaintiff’s script of the … Continue reading Copyright infringement in the matter of Shivani Tibrewala v/s Rajat Mukherjee

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Crocs Inc. v. Bata India Ltd. and Others

2019 SCC  OnLine Del 6808 PARTIES The Appellate is Crocs Inc; The Respondents are, inter alia, Bata  India Ltd.,  Liberty  Shoes Ltd., Action     Shoes    Pvt.     Ltd.,     Aqualite     India    Ltd.,     Bioworld Merchandising India Ltd., Relaxo Footware Ltd., and Kidz Palace. BRIEF FACTS The Plaintiff was unsuccessful in a suit filed for design infringement as the designs … Continue reading Crocs Inc. v. Bata India Ltd. and Others

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Bigtree Entertainment Pvt Ltd vs D Sharma & Anr

2019(77)  PTC  411(DEL) PARTIES The  Plaintiff,   Bigtree   Entertainment owns  India’s largest  Online Ticketing portal “BookMyShow” Online since 2007, the business online ticketing for movies in cinemas like   PVR,  INOX, SPI  and Justickets; sporting extravaganzas like  IPL, ISL, IPTL and even music concerts like Sunburn, EVC all of who are official partners. The   Defendants,    D.   Sharma owns … Continue reading Bigtree Entertainment Pvt Ltd vs D Sharma & Anr

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M/S Khushi Ram Behari Lalvs M/S Jaswant Singh Balwant Singh

(2019)  258 DLT (CN  14)  14 PARTIES The Petitioner is  a  partnership   firm   trading as  M/S   Khushi  Ram Behari  Lal (Export  Division)  established in the year 1978 carrying on the business of processing, marketing and exporting of rice since 1978. They own the trademark  ‘TRAIN BRAND  WITH  DEVICE OF  TRAIN’ in relation to said goods and … Continue reading M/S Khushi Ram Behari Lalvs M/S Jaswant Singh Balwant Singh

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Legality of Dream 11

Dream 11, arguably the most successful online fantasy sports platform in India, has had its fair share of legal controversy. The legality of Dream 11 has always been in question and contended in various Courts throughout the country. The general stance taken by courts, while dealing with legality of Dream 11, has been that online … Continue reading Legality of Dream 11

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Microorganisms and the Indian Patents Scenario

Introduction: A microorganism is a microscopic organism, known to be one of the earliest life forms on earth. Viruses, fungi, bacteria, archaea, protozoa and algae are the six major forms of microorganisms, exploited expeditiously by the biotechnologists and micro-biologists for research purposes. From beer brewing, bread making to mass production of antibiotics, microorganisms is used … Continue reading Microorganisms and the Indian Patents Scenario

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Hennes & Mauritz Ab & Anr v. HM Megabrands Pvt. Ltd. & Ors

The case H&M; Hennes & Mauritz Ab & Anr v. HM Megabrands Pvt. Ltd. & Ors is based on the point of having a similar trademark to that of another brand. The harm it causes to the reputation of one brand which another brand has adopted is one of reputation. The Plaintiff, in this case … Continue reading Hennes & Mauritz Ab & Anr v. HM Megabrands Pvt. Ltd. & Ors

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Patentability of Computer Programmes with Technical effect & Contribution: In Light of FeridAllani v. UOI

The issue of patentability of computer programmes has been fluxed with puzzlement since ages. Through this blog we will dig into the concept addressing the topic of patentability of computer programmes with technical effect and contribution and analyse the meaning behind the suffix ‘per se’ added to computer programmes in the patents act, 1970, in … Continue reading Patentability of Computer Programmes with Technical effect & Contribution: In Light of FeridAllani v. UOI

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Analysis of Shogun Organics Ltd. V/S Gaur Hari Guchhait and Others

Shogun Organics Ltd. V/S Gaur Hari Guchhait and Others is a case decided by the Hon’ble High Court at Delhi on 14th of August 2019. Shogun Organics Limited (Plaintiff) is a company engaged in the research, manufacture and sale of mosquito repellents. The plaintiff filed this suit for injunction in the year 2017 against Solex … Continue reading Analysis of Shogun Organics Ltd. V/S Gaur Hari Guchhait and Others

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Injunctions Against Sale of Lingaliptin

Analysis of Boehringer Ingelheim Pharma GmbH v/s Tanmed Pharma and other orders Plaintiffs: Boehringer Ingelheim Pharma GmbH & Co. KG & Boehringer Ingelheim (India) Pvt.Ltd. (“the plaintiff”/“Boehringer”) Defendant:Tanmed Pharma India Private Limited(“the defendant”) Coram: Dr. Justice G. Jayachandran Date of Judgment: 21st January 2020 Facts of the Case: The plaintiff is a multinational company involved … Continue reading Injunctions Against Sale of Lingaliptin

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