Category: Legal Issues

Sun Pharma vs. Hetero Healthcare

Introduction Under Class 5 of the Trade Marks Act, 1999, Sun Pharma has registered the mark “LETROZ,” which refers to a medication used to treat advanced breast cancer. “LETROZOLE” is one of its active ingredients. Sun Pharma sued Hetero Healthcare Ltd. for using the mark “LETERO” on the basis of trademark infringement and passing off. … Continue reading Sun Pharma vs. Hetero Healthcare

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A Coffee Controversy: Starbucks vs Sardarbuksh

Introduction A trademark can be a symbol, a word, a phrase, a logo, a design, or even a combination of these elements. By utilising trademarks as identifiers, consumers can recognise goods and services. Examples of trademarks include Reebok’s brand logo, Coca-Cola’s logo, and Apple’s logo. Examples of trademarks include the phrase “Just do it” and … Continue reading A Coffee Controversy: Starbucks vs Sardarbuksh

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In a Matter handled by KNK, the Hon’ble Allahabad High Court, as an interim measure, orders removal of seal on premises of the Petitioner involved in a Stamp Duty Dispute.

Introduction A Writ Petition was filed by C&B Aroma’s (Petitioner) Partnership firm before the Hon’ble Allahabad High Court with regard to the attachment and sealing of its premises in Noida Special Economic Zonewhich was purchased by him from Bank through auction owing to SARFAESI[1] proceedings. The property of the Petitioner was sealed by the Commissioner … Continue reading In a Matter handled by KNK, the Hon’ble Allahabad High Court, as an interim measure, orders removal of seal on premises of the Petitioner involved in a Stamp Duty Dispute.

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Jan Vishwas Bill: Description & Analysis

Brief Introduction The Department for Promotion of Industry and Internal Trade (DPIIT), on the advice of industry organisations and significant stakeholders, has proposed the Bill. The 108-page Jan Vishwas (Amendment of Provisions) Bill, 2022 as it was presented to the Lok Sabha, calls for amending 183 clauses found in 42 Acts that are controlled by … Continue reading Jan Vishwas Bill: Description & Analysis

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Case Analysis: Ganesh ginning & pressing Co. Ltd. V. State of Maharashtra 2005 (4) Mh.L.J. 263 AIR 2005 Bombay 324.

Introduction and Facts of the case The petitioner in this case was a company engaged in the business of Ginning and Pressing since 1938. The company owned a land in its name bearing Survey No. 225, situated at Jalna. The portion of land was in industrial zone earlier however, the Municipal Council at Jalna subsequently … Continue reading Case Analysis: Ganesh ginning & pressing Co. Ltd. V. State of Maharashtra 2005 (4) Mh.L.J. 263 AIR 2005 Bombay 324.

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Vicarious Liability under Current Legal Regime of Negotiable Instruments Act: An Analysis of Evolving Judicial Precedents

Introduction Section 138 of the Negotiable Instruments Act of 1881 (“NI Act”) makes it a crime to dishonour a cheque. The purpose of the provision, according to the Hon’ble Supreme Court, is to promote the efficacy of banking operations and to ensure credibility in conducting business via cheques. Because companies conduct a large number of … Continue reading Vicarious Liability under Current Legal Regime of Negotiable Instruments Act: An Analysis of Evolving Judicial Precedents

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Capital Food Private Limited vs. Radiant Indus Chem Pvt. Ltd.

Introduction In addition to producing and marketing a wide range of dips, spreads, condiments, sauces, noodles, soups, pastes, dressings, ready-to-eat food products, and other food preparations, the plaintiff was one of India’s top food manufacturers. It was also the first to independently create the distinctive trade mark “SCHEZWAN CHUTNEY” for dips and spreads. The defendant … Continue reading Capital Food Private Limited vs. Radiant Indus Chem Pvt. Ltd.

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Delhi Hc’s Subway Judgement: When Is A Trademark Not Seen ‘As Whole’?- Part I

Introduction Recently a single bench of the Delhi HC gave an order in Subway IP LLC v. Infinity Foods & Ors.[1] (‘Subway’) using the rule of Anti-Dissection. In this case, although the single bench acknowledged the rule of Anti-Dissection but took a calculated detour to appreciate a dominant element of the two competing marks to … Continue reading Delhi Hc’s Subway Judgement: When Is A Trademark Not Seen ‘As Whole’?- Part I

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Case analysis: ISKCON v. ISKCON Apparel Pvt. Ltd.

Introduction According to Investopedia a trademark is any name, sign, design, logo, or symbol that serves to distinguish the goods of one business from those of another[i]. However, Section 2(1)(zb) of the Trade Marks Act, 1999, defines ‘trademark’ as a mark which is capable of being represented graphically and capable of distinguishing the goods or … Continue reading Case analysis: ISKCON v. ISKCON Apparel Pvt. Ltd.

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An Analysis On Recent Developments Of Piercing Of Corporate Veil Vis-a-Vis Digital Radio (Mumbai) Broadcasting Ltd V Union Of India.

Introduction The present case stems from two similar writ petitions filed by Digital Radio (Mumbai) Company and Digital radio (Delhi) Company (hereinafter, “Mumbai and Delhi company”), both in the business of running entertainment channel cum broadcasting songs. Both the companies are running Red FM 93.5 channels for Mumbai and Delhi, respectively, under the Phase-II licensing … Continue reading An Analysis On Recent Developments Of Piercing Of Corporate Veil Vis-a-Vis Digital Radio (Mumbai) Broadcasting Ltd V Union Of India.

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