3,988 results found

In a civil case the relief claimed has a strong bearing in determining the jurisdiction. It is usually the privilege of the plaintiff to determine the valuation of the suit for the purpose of jurisdiction.

Trademark protection has taken a central place in a business activity now a days. The poignant reason to this development is that a mark is an identifying tool for the trade origin of the products. No business would want a competing business activity to reap from the reputation and goodwill it has built up all through the years.

In Joy Creators Pvt Ltd vs Natures Essence Pvt Ltd, CS(COMM) 632/2018, the High Court of Delhi on September 20, 2018 recognized the protection of slogans and expressions which are ordinary linguistic spoken words.

The objective of awarding damages is to put back the plaintiff in the original position. The aim of awarding punitive damage is to punish the defendant for the wrong done. It is interesting to observe the parameters laid down by the Court in awarding damages.

The IPAB was formed in 2003 under the provisions of the Trademarks Act, 1999 to expedite the disposal of trademark appeals and rectification/cancellation cases by an expert tribunal.

The Plaintiff is using the trademark SanDisk since 1988 for consumer electronic goods throughout the world.

Recently, the Delhi High Court on July 3, 2017 in the case

John Doe orders are passed to enable the seizure of infringing goods wherever they may be located and operate against any potential defendant, who is subsequently identified as the counterfeiter/infringer.

The Entertainment industry is increasingly engaging itself in deciding various disputes. The case of Gaurav Dayal v. Rabbi Shergill and Ors. 2009 (39)PTC 205 (Del) (DB) decided an appeal filed by the Music Director of the Motion Picture “Sorry Bhai” to challenge the decision of the Ld. Singe Judge whereby an ex-parte order held that the intellectual property rights of the song Jalte Hain in the movie were likely to suffer.

This case is a copyright infringement suit pertaining on a software, filed by the Plaintiff before the Surat District Court.

Recently, whilst hearing an appeal against an order passed by a Single Judge of the Delhi High Court (High Court/Court) in a cancellation petition under Section 57 of the Trade Marks Act, 1999 (Act)...

The factual matrix behind the litigation is that the appellant after intensive research, development and incurring huge expenses, invented the invention viz.

The grant of a patent invariably follows a thorough examination by expert patent examiners of the patent offices.

Claims of a patent define the scope of protection conferred by the patent.

In Joy Creators Pvt Ltd vs Natures Essence Pvt Ltd, CS(COMM) 632/2018, the High Court of Delhi on September 20, 2018 recognized the protection of slogans and expressions which are ordinary linguistic spoken words.

In the competitive world of business, it is natural for the rival traders to adopt and apply different tactics to boost up their own business. The real aim of the trademark is to reflect the bondage between the proprietor and the product.

Justices S Ravindra Bhat and Yogesh Khanna of the Hon'ble Delhi High Court (DHC) recently passed an order dismissing Monsanto's plea by stating that its patent for Bt cotton seeds was not valid...