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Damages in India are traditionally compensatory in nature. However, we find Indian Courts drifting gradually towards the American concept of granting punitive damages. Also known as exemplary damages, the concept is designed to punish for socially deplorable conduct such as fraud or malicious, reckless or abusive action.

Passing off, a form of tort, the substantive law of which is based on common law with the object of protecting some form of property is no where defined in the Trade Marks Act, 1999 though is referred to in ss. 27(2), 134(1)(c) and 135.

The suit filed by the plaintiff is for injunction and damages for passing off and unfair competition. The plaintiff in their plaint relies on two factors for want of jurisdiction of the court to try and entertain the suit. The first being that the defendants have applied for registration of their trademark GEODON and ZOLOFT in Delhi in the Trade Mark Registration which is in the jurisdiction of this court.

This is a judgement by the Delhi High Court in April 2018 where the plaintiff sued the defendants alleging that their patents were being infringed by the defendant.

Deceptive similarity of marks is commonly argued by attorneys in the cases of trademark infringement and/or passing off.

Praying for the grant of a permanent injunction, Super Cassettes Industries Ltd. moved to court to institute an action against the use of the domain name Supercassettes.com by Wang Zhi Zhu Yong HU and Others.

The concept of Copyright pronounces itself to be a “bundle of rights”. In this bundle, parties often find themselves entangled in disputes whereby they perceive the other party to be infringing their right.

The dicta with regard to trademark disputes amongst pharmaceutical products was pretty much settled in the Supreme Court decision Cadila Health Care v. Cadila Pharmaceuticals Ltd. (2001) PTC 300 (SC). However, as parties continue to vouch their rights in Courts, the trademark ‘ELECTRAL’ being the subject of the ad-interim injunction came up for pursuance in the matter of FDC Ltd. v. Ajay G. Piramal & Ors. [2008 (38) PTC (Del.)] FDC Ltd. carries on its business of manufacturing medicinal and phar

The fundamental objective of awarding damages in personal injury cases is governed by the principle of restitutio in integrum, which mandates restoring the injured party to their original position...

The petitioner invited an e-tender for the construction of 100 family quarters (Type II, III, and IV), including internal water supply, sanitary installations, and electrical works for the ITBP...

In a recent order, the Bombay High Court addressed whether the pendency of an appeal under Section 37 (Arbitration Appeal Provision) of the Arbitration and Conciliation Act...

The recent rulings of the Supreme Court have laid heavy emphasis on the lawfulness and limitations regarding "combinations" or collaborations between Indian advocates and foreign lawyers.

The fallout from the Azure litigation discussed in my earlier post https://rnaip.com/phonographic-performance-limited-ppl-stumbles-in-a-music-licensing-dispute/...

The SARFAESI Newsletter explores the recent cases, providing a framework for the enforcement of security interests by secured creditors, allowing them to recover dues through various means.

In the case of CIT vs. M/s Group ISM P. Ltd. : ITA No. 325/2014 (Del), the assessee had made payments to two UAE based companies, namely, CGS International, UAE and M/s Marble Arts & Crafts LLC, UAE, without any deduction of tax at source.

When a Multinational Enterprise (MNE) saves costs by relocating facilities from a high-cost jurisdiction to a low-cost one, it is considered location saving under transfer pricing terminology.

The fact leading to filing of the appeal by the revenue was that the Respondent was a wholly owned Indian subsidiary of Air Liquid France (ALF), a French multinational company.

Taurian Iron & Steel Co. Private Limited, during previous year relevant to the assessment year under review, advanced share application money to its wholly owned subsidiary in South Africa...