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  • Article

    Man Of Average Intelligence- Scale For Determining Similarity

    It has become a well-settled principle that while adjudicating deceptive similarity of medicinal products, the yardsticks adopted by the Courts are stringent. The Supreme Court of India in Cadila Health Care Ltd. v. Cadila Pharmaceuticals Ltd., AIR 2001 SC 1952, laid down the general guidelines that are to be adopted while adjudicating deceptive similarity in medicinal products.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Mark "TUFF" Prevails As Prior User

    The most common tests validating the existence of a trademark include that of being a prior user and having a registered trademark.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
Article

New Pleadings Cannot Be Included During The Pendency

International Tractors Limited had filed a suit for permanent injunction to restrain the employees, agents etc. of Punjab Tractors Ltd. from dealing in tractors, tractor housings, or components similar to those in the drawings made by CMERI, in respect of tractors up to 60 HP with the exception of 20 HP tractors.
IndiaIntellectual Property
Lex Orbis
Lex Orbis
  • Article

    No Exclusivity Over Descriptive Part Of A Trade Mark

    In Rich Products Corporation & Anr. v. Indo Nippon Food Ltd 2007 (35) PTC 15 (Del.), the Delhi High Court decided on the issue of exclusivity in relation to whole and parts of a trademark.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Patanjali Withdraws Its Trademark Applications For "OJAS" After Facing Suit For Trademark Infringement

    Charak Pharma Pvt. Ltd. is an Indian company founded in 1947 by the brother duo, Shri D.N. Shroff and Dr. S.N. Shroff, which manufactures and sells ayurvedic and herbal medicines in India and also exports...
    IndiaIntellectual Property
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Patent Examination/Grant Process Gains Momentum In The Fiscal Year 2017

    Centre for IPR Promotion and Management (CIPAM), the other day reported that the Indian Patent Office has observed a dramatic push upwards over the previous years with regard to patent examination(s) and grant process.
    IndiaIntellectual Property
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Plea To Ban Swami Dayanand´s Satyarth Prakash Refused

    Fundamental and religious rights often come into question with respect to Holy texts, practices and beliefs. Dealing with philosopher Swami Dayanand’s famous "Satyarth Prakash", the present suit [Sarvadeshik Press v. Usman Ghani and Ors. 2009 (38) PTC 67 (Del.)] dwells on the question of the Civil Court having the jurisdiction to entertain a suit to ban/issue an injunction on the publication of a book, which is in existence and is being published and read for the last 135 years.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Possible To Decide Copyright Infringement Claims In Arbitration, States High Court Of Bombay

    Eros, being the owner of several films, had entered into a term sheet with Telemax (consisting of an arbitration clause) for granting content marketing and distribution rights in respect of films.
    IndiaIntellectual Property
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Principles Of Passing Off In Trademarks: Wockhardt Limited Vs. Torrent Pharmaceuticals Ltd.

    Torrent Pharmaceuticals Ltd. (Plaintiff/ Respondent) owned a trademark a trade mark called "CHYMORAL" and "CHYMORAL FORTE"
    IndiaIntellectual Property
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    "Supriya Prabhu v. Janus Remedies" Explores Equity In A Trademark Dispute

    The Law of Equity bars a person from bringing an action arising out of his own misconduct on the basis of the maxim- “ex turpi causa non- oritur actio”. The case of Supriya Prabhu v. Janus Remedies 2008 (36) PTC 139 (Bom) is an illustration on the point.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    The Courts All Along In Curbing Piracy

    The new millennium witnessed the technological revolution in every spectrum boosting up the economical standards of the country. The most reflective and operative area of technological advancement is in entertainment industry.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    The Nizam Wins Its Trademark Battle

    The mark "NIZAM" is being used by Mr. Rajesh Chugh (plaintiff in the original suit and Respondent in this Appeal) for his business of selling "Kebabs" and related food products.
    IndiaIntellectual Property
    R. K. Dewan & Co
    R. K. Dewan & Co
  • Article

    Toyota Prius – Rise Of Territoriality Over Universality

    The Apex court's decision of December 14, 2017 in the case of Toyota Jidosha Kabushiki Kaisha v Prius Auto Industries Ltd & Ors (Civil Appeal Nos. 5375-5377 of 2017) affirming the decision...
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Vetsfarma Vested With The “Right To Be Heard”

    The Principles of Natural Justice find a place in all jurisdictions and legal regimen. The law seems frivolous without the edicts of the principle and governs every branch of law, irrespective whether new or old.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    ‘Chota Bheem' Goes To Delhi HC Over Sale Of Fake Products

    The matter has now been posted to November 13 for further hearing.
    IndiaIntellectual Property
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Deemed Exports Allowed Under Notification No. 44/2001-C.E(N.T)

    The appellant, an advance licence holder, procured intermediate goods without payment of duty from another advance licence holder under Notification No. 44/2001-C.E (N.T)...
    IndiaInternational Law
    AMLEGALS
    AMLEGALS
  • Article

    Drawback Available On Mobile Phones Unlocked Before Exports By Merchant Exporter

    The Delhi High Court has held that the act of unlocking/activating mobile phones after they were manufactured would not disentitle the merchant-exporter from claiming duty drawback on subsequent export...
    IndiaInternational Law
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Charging Of Compound Interest In Nature Of Penal Interest For Loan Moratorium Period Not Justified – Supreme Court

    The Supreme Court has observed that there is no justification for charging compound interest or penal interest during the period of loan moratorium which was allowed by the Reserve Bank of India from March 1 to August 31 last year on account of the COVID19 pandemic.
    IndiaLitigation, Mediation & Arbitration
    Ethical Legal Consultants
    Ethical Legal Consultants
  • Article

    Considerations That Weigh With Court While Appointing Arbitrator Under Section 11 Of The Arbitration And Conciliation Act, 1996

    In yet another decision, reversing the judgement of Delhi High Court, the Supreme Court held that once parties consciously and with full understanding executed an amendment of agreement
    IndiaLitigation, Mediation & Arbitration
    Singhania & Partners LLP
    Singhania & Partners LLP
  • Article

    Cutting Flag Themed Cake – Patriotism Or Hyper-Nationalism?

    A country's national flag is among the most important insignia of that country's identity.
    IndiaLitigation, Mediation & Arbitration
    Sujata Chaudhri IP Attorneys
    Sujata Chaudhri IP Attorneys
  • Showing 341–360 of 3988 results

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