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Stuck in a bad investment – how to navigate Indian promoters and courts for smooth exits (14 April 2015).

We are pleased to share with you a copy of our newsletter "Between the Lines", February 2020, a briefing on legal matters of current interest.

In recent years, India has made robust progress not only in implementing its obligations under various international treaties but also in developing its own IP regime.

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).

Trademarks in serving the purpose of “identification” and “brand-establishment” often become the bone of contention as regards attainment of the status of a generic word. While the issue of deceptive similarity may also cloud such a matter, rival impress upon holders of trademarks opposition and cancellation applications.

Law does not permit anyone to take advantage of the procedure and delay the justice dispensation mechanism.

The issue of prior publication finds an important place in nearly all realms of Intellectual Property. Elucidating the impact that this can have, on deciding Design rights is the case of “Schreder S.A. & Anr. v. Twinkle Luminaries Pvt. Ltd”.

The grant of interim injunction to parties requires the establishment of three conditions: a prima facie case, the balance of convenience being tilted in their favour; and irreparable loss shall accrue to the party praying for injunction in case the same is not granted.

A recent Supreme Court judgment pronounced over the issue of "bad faith filings" has baffled the business world as well as legal experts.

Dealing with an application under S. 50 of the Copyright Act, 1957, expunging an entry from the register, the appeal in "F.I.I. through Secretary General v. G Kesavalu Naidu" [2009 (37) PTC 603]questioned the Copyright registration obtained in steel tubes as artistic works of drawings.

Infringement of trademark as defined under Section 29 of The Trade Marks Act, 1999 has given statutory recognition to certain types of passing off, e.g., when the goods are different and also to concepts like dilution of trade mark, erosion of distinctive character of the trade mark and damage to reputation.

“Hajmola” a well-known trademark under Section 2(zg) of the Trade Marks Act, 1999 had moved against a deceptively similar mark “Rasmola” to the Trial Court.

Evidence is of primary importance in deciding trademark and copyright infringement suits. The presence or lack of it may turn tables delivering contrary results.

‘PEPSI’ owned and registered by Pepsico Inc. is a name synonymous with soft drinks, beverages, concentrates, syrups and food products enjoying international reputation and goodwill. Pepsico Inc has its mark registered under class 32, and various applications under various classes remain pending.

The very first and perplexing issue that any court of law has to decide before proceeding in any suit is its territorial jurisdiction to adjudicate a particular suit.

Issues of Limitation traditionally find a place in litigation. However, as quasi-judicial authorities are increasingly being established having the authority to hear and dispose off issues and differences, it is but natural that concerns such as being time-barred or not shall crop up before such bodies.

Trade slogans are mostly in the form of phrases or sentences or catchy words which are primarily useful in advertising the product. One of the prime feature or qualification of a trademark is that it should be identified with the product. Once the slogan attains the quality of being identified with the product, they can be brought within the ambit of trademark.

INTA Bulletins Law and Practice — Asia-Pacific Subcommittee