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  • Article

    Reckitt Benickser Rickety In High Court: Pending Proceedings In Place

    Reckitt Benickser in an attempt to transfer proceedings pending forth the Controller, moved to the High Court of Delhi vide “Reckitt Benickser Australia Pty. Ltd. and Anr. v. R.N. Impex and Ors.” [2008 (37) 262 (Del)].
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Recounting Passing Off In The “SUPERBRIGHT” Verdict

    The common law offence of passing off has occupied a prominent place in trade mark litigation.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

The Scotch-Scot Scuttle

Khoday Distilleries Ltd. (known as Khoday India Pvt. Ltd.) incorporated under the Companies Act, 1956. Manufacturers of whisky under the mark "Peter Scot", a trademark was applied for in May 1968.
IndiaIntellectual Property
Lex Orbis
Lex Orbis
  • Article

    Trademark Assignment Under Scrutiny In A Case Of Deceptive Similarity

    Trademarks represent a distinct type of intangible property. It is any device or mark which identifies the goods or services of one party and distinguishes them from competitors.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Trademarks – Transborder Reputation And Establishment Of Goodwill In India – SC Decision In Prius Distinguished

    The Delhi High Court has ruled on a trademark dispute involving the mark ALPHARD, examining whether transborder reputation and unsolicited imports of luxury vehicles into India can establish goodwill sufficient to qualify a mark as 'well-known' under Indian law. The case required the court to distinguish the Supreme Court's Prius decision and evaluate whether voluntary importation by third parties, without formal commercial launch, demonstrates actionable recognition within the relevant consumer segment.
    IndiaIntellectual Property
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Wanna Play Music Commercially? Pay The Royalities First!

    This may sound difficult given that commercial places in India have taken right to play the music as their inherent one.
    IndiaIntellectual Property
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Whether Registration Of License/ Assignment Deed Is Necessary Or Not Under The Patents Act, 1970?

    When any grantee or applicant, license or assign their patent rights to any licensee then such license or assignment deed holds importance for its assignee and its licensee.
    IndiaIntellectual Property
    S&A Law Offices
    S&A Law Offices
  • Article

    ‘POTTER’ In A Copyright Tussle

    In an interesting turn of events Delhi High Court allowed organizers of "Durga Puja", a hindu festival, to use images from the best-seller, Harry Potter, created by J.K. Rowling.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Attorney Client Privilege - Supreme Court Holds In House Counsel Are Not Entitled To Privilege: In Re: Summoning Advocates Who Give Legal Opinion Or Represent Parties During Investigation Of Cases And Related Issues*

    In-house counsel employed by corporations are not entitled to attorney-client privilege due to their employment status and lack of professional independence, says the Supreme Court
    IndiaLitigation, Mediation & Arbitration
    Tuli & Co
    Tuli & Co
  • Article

    Award Relying On Evidence Filed After Conclusion Of Arguments Is Patently Illegal: <em>Secretary To The Government Of India, Ministry Of Shipping, Road Transport And Highways v The Additional Commissioner, Nagpur</em>

    The Bombay High Court has ruled that an award that relies on documents produced after the conclusion of arguments is patently illegal.
    IndiaLitigation, Mediation & Arbitration
    Tuli & Co
    Tuli & Co
  • Article

    Bank Guarantees Furnished To Court

    A Division Bench of the Madras High Court, in Banque Cantonale De Geneve vs. Owners and Parties Interested in the Vessel M V Polaris Galaxy by its recent judgement and order of 13 July 2021, provided much needed guidance ...
    IndiaLitigation, Mediation & Arbitration
    ZBA
    ZBA
  • Article

    Bombay HC's Order In Malabar Gold Ltd. v. Shajan Skariah: A Study In Defamation & Free Expression

    "Reputation is an extremely delicate thing. It takes years to build, but can be destroyed in an instant." This quote underscores the essence of the recent legal battle...
    IndiaLitigation, Mediation & Arbitration
    Naik Naik & Company
    Naik Naik & Company
  • Article

    Cenvat Credit On GTA Services For Outward Transportation Of Goods To Buyer's Premises – CESTAT Larger Bench Distinguishes SC Decision In Ultratech Cement

    The Larger Bench of the CESTAT has held that for the purpose of eligibility of Cenvat credit on GTA service used for outward transportation, where clearances of goods are against FOR contract basis...
    IndiaLitigation, Mediation & Arbitration
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Cheque Bouncing- Jurisdisction Of Courts Redefined

    The legal nodus of determining the Jurisdistion of Courts in cheque bouncing cases has finally been resolved by the Supreme Court of India.
    IndiaLitigation, Mediation & Arbitration
    S&A Law Offices
    S&A Law Offices
  • Article

    Complainant In A Cheque Dishonor Case Under Section 138 Of The Negotiable Instruments Act, 1881 ("NI Act") Qualifies As A 'Victim' - Supreme Court

    As a result, if a complaint under Section 138 of the NI Act is dismissed by the Magistrate or if inadequate compensation is awarded, the complainant is now entitled to directly file an appeal, without seeking prior leave of the appropriate High court.
    IndiaLitigation, Mediation & Arbitration
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Dishonor Of Cheque And Requirements For The Offence

    The Hon'ble Meghalaya High Court at Shillong vide its order dated May 13, 2022 in the matter of HDFC Bank Ltd. Mawlai Nonglum Branch & Anr v. Sri Baklai Siej & Anr.
    IndiaLitigation, Mediation & Arbitration
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Does An Arbitration Agreement Need To Be Signed?

    The Supreme Court, in M/S Caravel Shipping Services Pvt. Ltd. v. M/S Premier Sea Foods Exim Pvt. Ltd., helpfully clarified that the only pre-requisite of a valid arbitration agreement...
    IndiaLitigation, Mediation & Arbitration
    ZBA
    ZBA
  • Article

    Does The Restoration Of An Appeal Filed Under Section 37 Of The Arbitration & Conciliation Act, 1996 Constitute A Pre-Existing Dispute Under The IBC?

    In M/S Jai Balaji Industries Vs. D. K. Mohanty & Anr., 2021, the Operational Creditor filed an appeal before the Supreme Court under Section 62 of Insolvency and Bankruptcy Code, 2016, against the order passed by NCLAT.
    IndiaLitigation, Mediation & Arbitration
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    From Contracts To Claims: Aceris Law Session On Construction Arbitration

    Nina Jankovic of Aceris Law delivered a comprehensive virtual session exploring the strategic foundations of international construction arbitration, examining how contractual decisions, risk allocation, and project documentation shape dispute outcomes. The presentation connected FIDIC contract structures, claim triggers, and dispute resolution mechanisms with practical arbitration strategy for construction projects spanning multiple jurisdictions.
    IndiaLitigation, Mediation & Arbitration
    Aceris Law
    Aceris Law
  • Article

    Home And Away – Two Phases Of A Cross-Border Dıspute: Grıesheım Gmbh v Goyal Mg Gases Pvt Ltd*

    The Supreme Court recently refused the enforcement of a foreign judgment passed by the High Court of Justice, Queens Bench Division (“UK Court”) for failing to satisfy tests under Indian law which govern whether a foreign judgment is conclusive.
    IndiaLitigation, Mediation & Arbitration
    Tuli & Co
    Tuli & Co
  • Showing 581–600 of 3988 results

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