Category: Legal Issues

Offences Under Section- 63 Of Copyright Act, 1957; Section- 103 Of Trademark Act, 1999- Bailable Or Non-Bailable

27th January, 2022 - 1:16 pm Categories: Legal Issues

Bailable Offence has been defined under the Criminal Procedure Code, 1973 (hereinafter referred to as CrPC) as an offense which is shown as bailable in the first schedule, or which is made bailable by any other law for the time being in force and “non-bailable offense” means any other offense. In the case of Piyush … Continue reading Offences Under Section- 63 Of Copyright Act, 1957; Section- 103 Of Trademark Act, 1999- Bailable Or Non-Bailable

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DRS Logistics Vs Google: Liability For Using Third Party Trademarks As Keywords

27th January, 2022 - 1:04 pm Categories: Legal Issues

INTRODUCTION With advancements in technology and the introduction of the Internet, our personal and social life has majorly been influenced by the internet or cyberspace. In order to meet the increasing demand of the market, businesses are also making a shift to the virtual world. These days businesses are adopting various advertising and marketing strategies … Continue reading DRS Logistics Vs Google: Liability For Using Third Party Trademarks As Keywords

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Analysis of R.G. Anand V. M/S Deluxe Films And Its Relevance In Recent Times

11th January, 2022 - 12:57 pm Categories: Legal Issues

INTRODUCTION Infringement of an owner’s copyright by a third party is usually a contentious issue, especially when both works are linked by a common narrative and source. It is a well-established law that there exists no copyright in ideas. Only the material form in which the ideas are translated is protected by copyright. For example, … Continue reading Analysis of R.G. Anand V. M/S Deluxe Films And Its Relevance In Recent Times

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A Comparative Study Of Judicial Approach Between India And U.S.A.

7th January, 2022 - 12:05 pm Categories: Legal Issues

INTRODUCTION Trademark protection legislation was enacted to give trademark owners exclusive proprietary rights, a monopoly over their trademarks, and safeguard the public’s goodwill. Trademark protection was designed to prevent the sale of counterfeit goods under a well-known brand name, but when these owners go above and beyond their legal rights to defend their mark, the … Continue reading A Comparative Study Of Judicial Approach Between India And U.S.A.

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The Taste of India Prevails in Canada

31st December, 2021 - 7:45 am Categories: Legal Issues

INTRODUCTION The case of Kaira District Co-operative Milk Producers’ Union Limited (“Kaira”) and Gujarat Cooperative Milk Marketing Federation Ltd. (“Gujarat”) v. Amul Canada, Mohit Rana, Akash Ghosh, Chandu Das, and Patel is the first-ever victory seen by AMUL on the foreign soil. One of India’s prominent dairy giants – AMUL had to take a rough … Continue reading The Taste of India Prevails in Canada

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Scope Of NCLT & NCLAT’s Powers Under Section 7 Of IBC, 2016

23rd December, 2021 - 5:03 am Categories: Legal Issues

INTRODUCTION The NCLT was established under Section 408 of the Companies Act, 2013 18 of 2013 w.e.f 01st June 2016 to exercise and discharge all duties and functions conferred on it by or under this Act or any other law in force at the time. The IBC’s institutional foundation called for the creation of a … Continue reading Scope Of NCLT & NCLAT’s Powers Under Section 7 Of IBC, 2016

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Shamoil Ahmad Khan v. Falguni Shah: Scrutinizing the Idea-Expression Dichotomy

6th December, 2021 - 4:19 am Categories: Legal Issues

The principle of ‘Idea-Expression dichotomy’ was devised to ensure that the expression of an idea is protected instead of the idea itself. It espouses the importance of balancing a) the interest of the copyright owner with b) the interest of the public in furtherance of creativity and innovation. It is settled in law that ideas … Continue reading Shamoil Ahmad Khan v. Falguni Shah: Scrutinizing the Idea-Expression Dichotomy

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Case Analysis: P. Sundaram v. Asia Match Company

26th November, 2021 - 5:32 am Categories: Copyright Copyright Infringement Legal Issues Trademark Trademark Litigation

This interim order on the issue of whether the respondent, based on the location of their branch office, can maintain the present suit within the territorial jurisdiction of the present Court, i.e., a question on the issue of the jurisdiction of the commercial division. The case originally was filed by Respondents in this case who … Continue reading Case Analysis: P. Sundaram v. Asia Match Company

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Case Analysis of Bacardi and Company Limited v. Bhahety Overseas Private Limited &Ors. CS(COMM) 464/2021 & I.A. 12323/2021

23rd November, 2021 - 5:35 pm Categories: Legal Issues

Sonam and Ria are friends. One day, they decide to get fruit juice from a store nearby to quench their thirst. They like on specific drink which is known as BREEZER. However, when they entered the store, they ended up buying a drink called FREEZMix which was placed right beside BREEZER. Thinking that it’s just … Continue reading Case Analysis of Bacardi and Company Limited v. Bhahety Overseas Private Limited &Ors. CS(COMM) 464/2021 & I.A. 12323/2021

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Case Analysis: Domain Name Dispute in the matter of Roni Abraham v. Nautilus Networks LLP

15th November, 2021 - 7:34 am Categories: Legal Issues

Introduction Domain names tend to have an important role in today’s internet and technology-driven business market wherein it helps in mapping IP addresses and also acts as an identifier of the trademark of a company. However, unlike trademarks, domain names are not sufficiently protected by the laws of a country. There is no uniformity to … Continue reading Case Analysis: Domain Name Dispute in the matter of Roni Abraham v. Nautilus Networks LLP

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