Category: Legal Issues

Examining the Extent of Interim Reliefs under Section 9 Following the Commencement of Arbitration Proceeding

Introduction Arbitration, recognized for its efficiency in resolving disputes, offers a streamlined alternative to lengthy court litigation. However, there are instances where urgent matters require prompt action to prevent irreparable harm to parties involved in the dispute. In such circumstances, interim reliefs play a critical role by providing temporary remedies and injunctions to address immediate … Continue reading Examining the Extent of Interim Reliefs under Section 9 Following the Commencement of Arbitration Proceeding

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Rachna Sagar Vs Sovereign Mercantile Trademark Dispute

The ongoing legal dispute between Rachna Sagar Pvt. Ltd. (Plaintiff) and Sovereign Mercantile Pvt. Ltd. & Ors. (Defendant) has highlighted significant issues in the trademark act, specifically with Sections 103 and 104, which outline the penalties for trademark infringement. Particularly the manner in which problems were caused upon a prior user owing to a fraudulent … Continue reading Rachna Sagar Vs Sovereign Mercantile Trademark Dispute

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The Kani Tribe Case Study

Introduction As part of the All India Coordinated Research Project on Ethnobiology, a team of scientists conducted an ethnobotanical knowledge survey of the Kani people in the Thiruvananthapuram forest in the southern section of the Western Ghat region in the state of Kerala in 1987. (AICRPE). The Kani guides Mallan Kani and Kuttimathan Kani did … Continue reading The Kani Tribe Case Study

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The NSE Case

Introduction Copyright law is built on the foundation of originality, and several doctrinal approaches have been developed to define and apply it. Two such approaches are the sweat of the brow and modicum of creativity doctrines. In Indian copyright case law, DB Modak sought to reconcile these standards by adopting a middle ground. The sweat … Continue reading The NSE Case

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The High Court of Delhi Grants Permanent Injunction in Favour of Louis Vuitton

Introduction The High Court of Delhi (“the Court”) on 18th April 2023, in Louis Vuitton Malletier vs Santosh & Ors.[1], issued a permanent injunction restraining the Defendants from infringing and selling counterfeit products under the Plaintiff’s luxury brand “Louis Vuitton”. The Court also ordered the Defendants to pay INR 9.59 Lakhs as damages and costs … Continue reading The High Court of Delhi Grants Permanent Injunction in Favour of Louis Vuitton

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Abuse of Dominant Position & Predatory Pricing

Introduction to Predatory Pricing “Predatory Pricing has been explained to mean that the sale of goods or provision of services at a price which is below the cost of production of the goods or provision of services.”[1] In layman’s language, “predatory pricing” refers to lowering the prices of a particular good or commodity so low … Continue reading Abuse of Dominant Position & Predatory Pricing

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Online Dispute Resolution: Universal Remedy or an Implementation Façade

Online Dispute Resolution (“ODR”) is a method of resolving disputes by integrating different sets of technologies, enhancing the core process of Alternate Dispute Resolution (“ADR”) and effectively settling disputes.[1] The need for timely and effective settlement of disputes gave way to the development of ADR. At present, the world is witnessing post-pandemic effects of pushing … Continue reading Online Dispute Resolution: Universal Remedy or an Implementation Façade

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Elsevier vs. Alexandra

Introduction A library website called Sci-Hub offers free access to books and academic articles. Sci-Hub and another website that is similar to it, Lib-Gen, were the targets of a copyright infringement complaint brought before the Delhi High Court by publishing firms who claimed that both websites engaged in online piracy. The publishing companies claim that … Continue reading Elsevier vs. Alexandra

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Toyota vs. Jidosha Kabushiki

Introduction Toyota claimed to have launched its product- a minivan, under the name Alphard in 2002, stating that they have been using it in China, Russia, Indonesia, Philippines and Japan. In India, Toyota has filed an application to register the mark on a “proposed to be used” basis, under class 12 (Vehicles; apparatus for locomotion … Continue reading Toyota vs. Jidosha Kabushiki

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Emergence Of Live-In Relationship In Nexus Family Laws In Indian Context

Introduction The terms like convention and custom have a firm hold on human civilization. The majority of us embrace the steadiness of history above the vagueness of the future. We frequently oppose or even dread change as a consequence of this. Indian society, which values its devotion to generational rituals, is where this reluctance to … Continue reading Emergence Of Live-In Relationship In Nexus Family Laws In Indian Context

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