Tag: injunction

ITC Ltd. v. Gold Step Tobacco (P) Ltd

26th March, 2024 - 12:05 pm Categories: Legal Case Trademark

Introduction With an enormous number of products available in the market, every brand has come up with their own identity to get recognised for their products. To get distinguished every brand seek to get their own trademark which can be used wholly and solely by them. The essence of trademark lies in amalgamation of such … Continue reading ITC Ltd. v. Gold Step Tobacco (P) Ltd

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Determinable Contracts Under Specific Relief Act, 1963- An Issue Still Undetermined

14th March, 2024 - 9:59 am Categories: News & Updates

Introduction India has been a ‘global trade hub’ since time immemorial. It’s abundant supply of raw materials, creative ideas and booming businesses gave it the name that needs no introduction- ‘sone ki chidiya’. It was this same business that drew the East India Company to our country. They perhaps understood the value of this business … Continue reading Determinable Contracts Under Specific Relief Act, 1963- An Issue Still Undetermined

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Trademark Infringement Through Allied & Cognate Goods- Hon’ble Delhi High Court Grants Ex-Parte Ad-Interim Injunction

10th January, 2023 - 5:47 am Categories: Legal Issues Trademark

Introduction As a settled proposition of law, ex-parte injunctions are granted by the court only in exceptional cases. In IPR matters, specifically in cases of trademark infringement, the plaintiff, out of several remedies, has the option of asking for an ex-parte injunction. While observing the principles on which the court may grant an ex-parte injunction … Continue reading Trademark Infringement Through Allied & Cognate Goods- Hon’ble Delhi High Court Grants Ex-Parte Ad-Interim Injunction

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Copyright Infringement : Sony Pictures Seek Injunction Against Unauthorized Use

29th December, 2022 - 5:52 am Categories: Copyright Legal Issues

Copyright is an essentially important exclusive right giving only the company authority to make use of to whom such right is granted and any unauthorized use of the same would amount to infringement of the copyright. Copyright ensures protection for the work done by a person, restricting any other person to take credits for the … Continue reading Copyright Infringement : Sony Pictures Seek Injunction Against Unauthorized Use

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Change Everything vs. Sport Changes Everything: Dispute Over The Change!

3rd June, 2022 - 12:22 pm Categories: Sports Law

A major running and fitness merchandise company, Fleet Feet Inc, which sells their product through franchises, company-owned retail stores, and online stores, and has 182 stores, including franchises, nationwide in the US. They owned the mark “Change Everything” and “Running Changes Everything” used widely for its sports and apparel related goods and services. Nike, Inc., … Continue reading Change Everything vs. Sport Changes Everything: Dispute Over The Change!

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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

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Jurisdictional Dispute with regards to section 22(4) of Design Act, 2000 and Commercial Court Act, 2015

16th December, 2020 - 6:02 am Categories: Legal Issues

The Supreme Court case of S. D. Containers vs. M/s Mold Tek Packing [1] was a matter of jurisdictional issue due to the conflict between section 22(4) of the Design Act, 2000 (hereinafter referred to as Act 2000), and Commercial Courts Act, 2015. To understand how Supreme Court addressed the issue, it is important to … Continue reading Jurisdictional Dispute with regards to section 22(4) of Design Act, 2000 and Commercial Court Act, 2015

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Criminal & Civil Prosecution for Copyright/Trademark Violation

23rd October, 2018 - 1:21 pm Categories: Trademark Litigation

If any brand’s product is genuine & original, then it enjoys a substantial amount of recognition in the eyes of its potential customer, therefore it is necessary to protect the commercial value of any product offered by such brands and the said protection is provided through Intellectual Property Rights associated with the product i.e. Trademark, … Continue reading Criminal & Civil Prosecution for Copyright/Trademark Violation

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Bigtree Entertainment Pvt. Ltd. vs. Brain Seed Sportainment Pvt. Ltd. & Anr

15th January, 2018 - 12:24 pm Categories: Legal Issues

“A brainy person does not abuse copyright; instead he respects it and upholds it.” – Maximillian Degenerez. Introduction With the rise in number of businesses using the global internet portal for running their businesses and with the increase in the number of start-ups in the current economic scenario, we come across many new issues that … Continue reading Bigtree Entertainment Pvt. Ltd. vs. Brain Seed Sportainment Pvt. Ltd. & Anr

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GROUNDLESS THREAT OF PATENT INFRINGEMENT

6th September, 2017 - 10:28 am Categories: India Intellectual Property News & Updates patent infringement Patents

Introduction Infringement proceedings involve high costs of litigation in defending the same with the possibility that any temporary injunction granted in the due course thereof would lead to revenue loss, loss of employment and several other impediments to the business. Moreover, embroilment in infringement proceedings or the mere possibility thereof leads to disrepute of the … Continue reading GROUNDLESS THREAT OF PATENT INFRINGEMENT

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