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Analysing Prior User Defence Mechanism Against Patent Infringement In India
Introduction “Prior user right” refers to the “legal right of a third party to continue using an invention that was already in use before a patent application for the same invention was filed”. This right is intended to balance the impact of the “first-to-file” principle with the interests of third parties as “prior use prevails … Continue reading Analysing Prior User Defence Mechanism Against Patent Infringement In India
Read more »Proposed Amendments To The Insolvency And Bankruptcy Code
Insolvency and Bankruptcy Code, 2016, as amended (“Code”) regulations claim that countless cases of failing real estate businesses, including significant players like Jaypee Infratech, and Supertech, have been stalled at various stages of insolvency procedures over the past few years. It is being estimated that 344 corporate debtors involved in construction and real estate operations … Continue reading Proposed Amendments To The Insolvency And Bankruptcy Code
Read more »LT Foods Limited v. Saraswati Trading Company [2022 SCC OnLine Del 3694]
LT Foods, a leading food manufacturing and processing company known for its rice products, including for its popular brands Daawat, Daawat Devaya, Daawat Bestow and Chef’s Secret, filed a suit against the Defendant, Saraswati Trading Company, for trademark infringement. In August 2021, the Plaintiff discovered the Defendant’s activities of selling, storing, and distributing counterfeit “Daawat” … Continue reading LT Foods Limited v. Saraswati Trading Company [2022 SCC OnLine Del 3694]
Read more »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
Read more »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
Read more »Dabur vs. Dhruv Rathee
Introduction Dabur claimed that Dhruv Rathee’s video unfairly compared carbonated drinks with ready-to-serve (RTS) fruit beverages, causing a generic disparagement of all packaged drinking fruit juices. Dabur also alleged that the video specifically targeted its Real fruit juices by using partially blurred Real logos and promotional advertising clips. The court recognized that while dissemination of … Continue reading Dabur vs. Dhruv Rathee
Read more »Regulating Online Gaming in India: Analysing the Gaming Draft Bill and MeitY Report
Introduction The gaming industry in India has multiplied itself in size and content in recent years and is expected to grow as big as ₹400 billion by 2025. Multiple reasons like inexpensive internet, a critical mass of young population, high disposable income etc.[1] are rendered for this massive growth of online gaming apart from the … Continue reading Regulating Online Gaming in India: Analysing the Gaming Draft Bill and MeitY Report
Read more »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
Read more »Under Armour decision on FERs
Introduction During the discussion of the key concepts, the defendant raised an argument that the plaintiff had suppressed material facts. According to the defendant, since the plaintiff had not disclosed its reply to the FER when seeking registration, it should not be allowed to take a contrary position in the current trademark infringement litigation. The … Continue reading Under Armour decision on FERs
Read more »RPG Enterprises Limited v Riju Ghoshal Trading As RPG
Introduction The plaintiff company is an Indian industrial group with over twenty years of business. The adoption of its trademark RPG originates from the company’s founder and well-known industrialist Mr. Rama Prasad Goenka. Over the years, RPG and the companies in its group have adopted a number of stylized/descriptive trademarks, including the mark RPG, to … Continue reading RPG Enterprises Limited v Riju Ghoshal Trading As RPG
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