Searching Content indexed under Arbitration & Dispute Resolution by LexOrbis ordered by Published Date Descending.
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Delhi High Court Grants Injunction In An Ex-Parte Suit, But Avoids Awarding Punitive Damages And Well Known Status
In a recent case Verizon Trademark Services LLC (Plaintiff) &Ors v. Mr. Parth Solanki &Anr (Defendents) reported in 2018 (73) PTC 192 [DEL] ...
21 Mar 2018
Court Differs With View That All Publicity Is Good
In the past few years, this seems to have become a mantra for businesses.
10 Jan 2018
DNS The Menace: Cybersquatting
It is an established fact that the internet is a tool used by everyone from all walks of life. The domain name that connects us with the internet universe is one such area of internet which is raking in big bucks.
8 Sep 2015
Non- Registered User can be Entitled to Exercise Rights as a Registered Proprietor of Trademark: HC of Bombay
"Hebare", which was a registered mark of Ramesh. The suit {Waman Vs. Ramesh 2010 (42) PTC 35(Bom.)} revolves around the dispute between two brothers, using their surname "Hebare" as trademarks in their respective business.
27 Jul 2010
Injunction Denied for Trademark Infringement of Skyline Education Institution
In Law, once a trademark becomes generic it is open to public domain. Being significantly applied in law, it is understood that a generic mark never receives any trademark protection and they are free for everybody to use.
10 Apr 2010
Anand Udyog Restrained For Theft And Infringement Of Copyright In Drawings
Deciding upon a dispute dealing with copyright in drawings and their theft is the case of Indiana Gratings Private Limited & Anr v. Anand Udyog Fabricators Private Limited &; Ors.
29 May 2009
Trademark Disputes In Education: The Goenka Dispute
The Trademarks Act provides for the registration of trademarks both for goods and services. Education of these forms a vital segment, owing to the nature and prominence of this service.
20 May 2009
Delhi High Court Adjudicates On Forum Non-Convenience: GSK´s Plaint Returned
Two suits were filed against M/s Heinz India (P) Ltd by Glaxo Smithkline Consumer Health Care Limited (GSK) as a sole plaintiff in the first and joining as a co-plaintiff along with Horlicks Limited, United Kingdom in the Other.
16 Apr 2009
Supreme Court revisits Fair Use Doctrine
Yakshagana is a form of ballet dance, having its own unique heritage.
15 Apr 2009
Division Bench Orders Maintenance Of Records In Music Infringement Case
The Entertainment industry is increasingly engaging itself in deciding various disputes. The case of Gaurav Dayal v. Rabbi Shergill and Ors. 2009 (39)PTC 205 (Del) (DB) decided an appeal filed by the Music Director of the Motion Picture “Sorry Bhai” to challenge the decision of the Ld. Singe Judge whereby an ex-parte order held that the intellectual property rights of the song Jalte Hain in the movie were likely to suffer.
18 Mar 2009
Appeal Opposing Injunction On MICO Fails
Dealing with an appeal challenging the order of a Single Judge granting an interim injunction is the case of “Micolube India Ltd. v. Maggon Auto Centre” 2008 (38)PTC 271 (Del.)(DB).
2 Dec 2008
Revisiting The Doctrines In Copyright: The Oxford Dispute
The doctrines governing Copyright Law often compete against each other to enable determine disputes involving various aspects.
2 Dec 2008
Injunction Order Confirmed In Favour Of TV Today
Trademark infringement disputes have involved parties from nearly all types of corporations and business. The media, typically involved in copyright issues is also witnessing trademark rows with respect to their brand name and identity.
19 Nov 2008
Jupiter Succeeds Against Kaveri: Failure To Defend Registration
The Copyright Act, 1957, provides for a rectification of the register, under S. 50. The section reads:
19 Nov 2008
Reiterating Bad Faith And Similarity In The Use Of Domain Names
Viking Range Corporation, established under the laws of Mississippi, USA and located therein, moved to the WIPO Arbitration and Mediation Centre, with regard to its grievance in relation to its rights in the mark and name VIKING and VIKING COOKING SCHOOL, being the owner of the trademark VIKING and holder of registrations in respect of the same in the USA.
27 Oct 2008
Similarity In Commercial Names And Device: The Montblanc Dispute
A suit filed under Order 39 Rule 1 and 2 and Order 39 Rule 4 of the Code of Civil Procedure, 1908, titled "Montblanc Simplo- GMBH v. New Delhi Stationery Mart" 2008(38) PTC 59, involved two corporations, debating over similarity in the commercial names appended to their products and the associated Trademark principles.
23 Oct 2008
Big Names Fight Over Trademarks
Recently the Bombay High Court decided a trademark dispute involving tobacco majors like ITC and GTC, a flagship of Dalmia Group as parties. The ruling of the Court in the specific case is that a trademark cannot be claimed on common, descriptive English words.
22 Jan 2008
Deceptive Similarity Between Trademarks In Vernacular Script
Anchor Electronics and Electricals Pvt. Ltd and Encore Electricals Ltd are at loggerheads in the instant case.Encore sought an appeal against the interlocutory order granted in the suit instituted by Anchor for infringement and passing off its trademark.
9 Jan 2008
Corporate Name Similar To Trademark Co-Exist
Sometime it happens in trademark disputes that the impugned mark is an indicator of a trade source which is entirely different from the first i.e. the businesses and the goods are completely different bearing the same trade name/mark.
21 Sep 2007
Registration Of Trademarks: Important For Ascertining Jurisdcition
The procedural aspects of any suit are as important as the substantive side and amid that, to assert on the subject of the competent jurisdiction of the court has always been controversial. The instant judgment in the First Appeal from Order in Dharampal Premchand Ltd versus Golden Tobacco Products 2007 (34) PTC 633 (Del.) (DB) discusses the territorial jurisdiction in a composite suit for infringement of trademark, copyright and passing off.
5 Aug 2007
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