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1
Law Respects Possession –Understanding The Concept Of Adverse Possession
In India, persons are not permitted to take forcible possession.
India
12 Sep 2019
2
No ‘Mini Trial' At Interim Injunction Stage
The division bench of Delhi High Court, in its judgment dated 24 January 2019, upheld the single judge's order refusing interim injunctions against the use of similar designs of Crocs footwear.
India
9 May 2019
3
Shape Of A Bottle Under Trademark Scanner
What’s in a shape of a bottle! It may be a common rhetoric but certainly worth a lot when the shape of bottles is considered distinctive and forms an intrinsic part of the goodwill and reputation.
India
21 Nov 2012
4
The ‘Tarceva’ Patent Case
Roche vs. Cipla marks the end of the first phase of a key battle between big pharma and the Indian generic industry.
India
21 Nov 2012
5
Stay Of Proceeding In A Trademark Infringement Suit
Trademark battles on the Indian turf has already generated an impressive precedent of case laws but the fight over the letter mark "FT" between The Financial Times UK and Bennett Coleman & Co. Ltd (BCCL) is a story of its own.
India
21 Nov 2012
6
Is XEROX A Metonym For Photocopier?
The Intellectual property Appellate Board (the Board) says NO.
India
28 Sep 2012
7
Enercon Patent Litigation
Patent Litigation in India has grown considerably, especially in the pharmaceutical sector, since the amendment of the Patent Act in 2005.
India
21 Jul 2012
8
For Offences U/S 63, 67 And 68 Of Copyright Act, There Is A Limitation Of 3 Years U/S 468 (2) (C) Cr.P.C. For Taking Cognizance.
In the case of Roma Mitra,W/o Dr. (Prof.) N.R Mitra (Appellant/Petitioner) v State of Bihar and Dr. (Mrs) Supata Bhattacharya (Respondent/Complainant); the Petitioner under Section 482 of the Code of Criminal Procedure Code(CPC) prayed for quashing of an order passed by the Judicial Magistrate, who had taken cognizance of offence under Sections 63,67 & 68 of the Copyright Act and Section 120B of the Indian Penal Code (IPC).
India
30 Aug 2011
9
Whether An Appeal As Against An Order In The Review Petition Is Maintainable?--- An IPAB Decision
In the case of Sachdeva & Sons Industries Pvt. Ltd v Deputy Registrar of Trademarks, a miscellaneous petition was filed by the Respondent No.2/Petitioner, under Order 47 Rule 7(1) of the Civil Procedure Code(CPC) read with Section 161 of the CPC, seeking for dismissal of the appeal (filed by Sachdeva & Sons Industries Pvt. Ltd [appellant/respondent]).
India
20 Aug 2011
10
The Delhi High Court Finds No Reason To Interfere With Decisions Of The IPAB And The Deputy Registrar Of Trademarks
The case of Champagne Moet and Chandon vs. Union of India & Ors .was an appeal by Champagne Moet (Petitioner), against an order passed by the Intellectual Property Appellate Board (IPAB) which dismissed Champagne Moet’s appeal against an order passed by the Deputy Registrar of Trademarks (DR).
India
17 Aug 2011
11
Karnataka High Court Finds The Grant Of Injunction By Trial Court Without Reasons
"Ravishankar, Director and CEO Anantara Hospitality Pvt. Ltd. and Anantara Hospitality Pvt Ltd (Appellant) v. M and H Management Ltd, Minor International Public Co. Ltd" (Respondent) was an appeal by Ravishankar before the High Court of Karnataka against an ex parte ad injunction granted by the trial court restraining the use of the domain name "www.anantara.in" as a trade mark/corporate name on demonstration that there was passing off action as the logo used was similar and identical to the R
India
26 Jul 2011
12
Colortek’s Advertisement Found Not Disparaging- Delhi High Court.
In Dabur India Ltd (Appellant) v Colortek Meghalaya Pvt.Ltd & Anr (Respondents) the question before the Delhi High Court was whether the advertisement/commercial broadcast by Colortek disparaged the product of Dabur. Both Dabur and Colortek manufacture, among other things, a mosquito repellant cream under their respective brand names "Odomos and Odomos Naturals" and "Good Knight Naturals".
India
1 Jul 2011
13
Who Is An Aggrieved Person? The Intellectual Property Appellate Board Answers
In the case of Okasa Pharma Pvt. Ltd v Win- Medicare Limited, the issues before the Intellectual Property Appellate Board (IPAB) were two-fold.
India
17 Jun 2011
14
Calcutta High Court Finds "NIHAL" Visually And Phonetically Similar To "NIHAR"
The Calcutta High Court in the case of Marico Limited (Appellant) v. J.K. & Ors (Respondents) held that Marico’s case against J.K for use of the "NIHAL" mark with respect to coconut oil was a clear prima facie one and as such the court granted an injunction restraining J.K. from using the word "NIHAL", or any other mark deceptively similar to Marico’s "NIHAR" mark.
India
17 Jun 2011
15
Delhi High Court Decides On The Applicability Of The Doctrine Of Election To Patents.
This case deals with the applicability of the ‘Doctrine of Election’ to Patents. As a rule, in law, one is not allowed to invoke two parallel remedies in a matter.
India
7 Jun 2011
16
Jurisdiction in Question in Deciding Dispute Involving ‘DOLAREN’ and ‘BOLAREN’
Jurisdiction is a primarily a subject matter covered under the Civil procedure Code, 1908. The issue however, came up for deliberation in Lark Laboratories Ltd vs Nabros Pharma Pvt Ltd 2010 (42) PTC 675 (Guj).
India
10 Aug 2010
17
Dabur´s Design Contest In Hair Oil Packaging
Aggrieved by the dismissal of an application filed under Order 39 Rules 1 and 2 CPC, Dabur India Limited filed an appeal to the decision of the Ld. Single Judge of the Delhi High Court, in Dabur India Ltd. v. Amit Jain & Anr. {2009 (39) PTC 104 (Del.)}. Dabur claiming to be the fourth largest fast moving consumer goods (FMCG) company in India, and that they were in trade since 1884, filed this appeal in pursuance to the design registration in the packaging of its hair oil for the bottle and cap.
India
2 Apr 2009
18
Field Marshall: SC Clarifies On Removal From Register And Grounds On Non-Use
The provision on Removal from register and imposition of limitations on ground of non-use came up for clarification before the Supreme Court of India in "Thukral Mechanical Works v. P.M. Diesels Pvt. Ltd & Anr." [2009 (39) PTC 193].
India
20 Mar 2009
19
“BUDDHA-BAR”: A Debate On Transborder Reputation
Transborder reputation has been a matter of dispute, largely elucidated and deliberated upon in the law of trademarks. The principle however finds itself extrapolated to other realms of intellectual property disputes as well.
India
4 Mar 2009
20
Copyrightability "Ipso Facto" If Devoid Of A Doubt As To Work Having Been Copied
The Copyright Board, the pertinent forum to answer appeals filed under the Copyright Act, 1957 as per Section 72(1) of the Act, was witness to proceedings against the order of the Registrar of Copyrights.
India
27 Oct 2008
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