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  • Article

    Note On The Cryptocurrency And Regulation Of Official Digital Currency Bill, 2021

    The Cryptocurrency and Regulation of Official Digital Currency Bill, 2021, will be introduced in the next session of the Parliament this year beginning November 29.
    IndiaTechnology
    Lex Orbis
    Lex Orbis
  • Article

    Delhi High Court Grants Injunction In An Ex-Parte Suit, But Avoids Awarding Punitive Damages And Well Known Status

    In a recent case Verizon Trademark Services LLC (Plaintiff) &Ors v. Mr. Parth Solanki &Anr (Defendents) reported in 2018 (73) PTC 192 [DEL] ...
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Delhi High Court held no passing off if Apple uses the term SPLITVIEW

    The Delhi High Court vide its judgment dated July 04, 2018 in a case titled Rohit Singh vs. Apple Inc. ruled in favour of Apple in a suit for passing off.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    India's Unique Provisions For Life Science Patents

    Patents in India are allowed in all fields of technology, even though the factors determining patentability of an invention varies for dierent technologies.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Karnataka High Court Finds The Grant Of Injunction By Trial Court Without Reasons

    "Ravishankar, Director and CEO Anantara Hospitality Pvt. Ltd. and Anantara Hospitality Pvt Ltd (Appellant) v. M and H Management Ltd, Minor International Public Co. Ltd" (Respondent) was an appeal by Ravishankar before the High Court of Karnataka against an ex parte ad injunction granted by the trial court restraining the use of the domain name "www.anantara.in" as a trade mark/corporate name on demonstration that there was passing off action as the logo used was similar and identical to the R
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Pre-Grant Opposition Is 'In Aid Of Examination' Of A Patent Application

    As the Indian patent regime continues to be in a state of flux, a wave of instances, lately, have significantly indicated the settling of law in some select areas from the view of patent practice.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Reverse Payments: Shadowing Patent Term Expiry!

    Of late the litigation landscape in India is complicated by the number of issues and sub-issues involved in the patent related infringements.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Roads Ahead- Comparative Advertisement

    Comparative Advertisement’ as a concept may be new to India and the development of law by the Supreme Court of India and various High courts may be in the making but there are abundant judgements on this issue by the courts of England and USA.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Singer’s Plaint Allowed To Be Amended: Plea For Rejection Dismissed

    Absence of jurisdiction is one of the primary grounds vouched while contending the rejection of a plaint in a civil suit.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    TATA - Principle Of Well-Known Mark Upheld

    Sandyz Confezioni S.P.A, an Italy based company, filed for the registration of the trademark letters ‘ST’, which appears to be a geometrical device in respect of articles of ‘sport clothing’.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Trademark And Goodwill Valuation: MP High Court Examining The Option To Auction

    Valuation of Intellectual Property assets plays an important role in licensing, assignment, mergers, acquisitions and all related transactions.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Trial Court Decision Held "Not In Accordance With Law"- High Court Of Karnataka

    In Shri Lakshmi Venkataramana and T. Varada Raj Pai (Respondent/Plaintiff) v. P.Kiran Kumar (Petitioners/Defendants), the Respondent/Plaintiff filed a suit against the Petitioner/Defendants for a decree against the latter and persons claiming under them from passing off malt powder in the market under the names "SRI RAGHAVENDRA MALT" and "SRI RAGHAVENDRA BADAMI FEAST"
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    The Curious Case Of Indus Biotech – An Investment Law Perspective

    This article analyses the recent judgement of the Supreme Court of India in the matter of Indus Biotech Private Limited v/s Kotak India Venture Fund regarding its implications on investment laws and the legal documentation ...
    IndiaCorporate/Commercial Law
    Lex Orbis
    Lex Orbis
  • Article

    PMLA :Still A Sword?

    The Delhi High Court set aside the decision of the PMLA Appellate Tribunal vide a judgment delivered on April 2, 2019 titled The Deputy Director Directorate of Enforcement Delhi and Ors. v. Axis Bank and Ors.
    IndiaGovernment, Public Sector
    Lex Orbis
    Lex Orbis
  • Article

    L&T Wins Suit Against Infringers

    In the recent case of Larsen & Toubro Ltd & another v/s Radheshyam Singh & another, a District Court in New Delhi restrained the defendant from using the marks which were deceptively similar to...
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Phonetic Similarities And Cancellation Petitions

    The Delhi High Court adjudicated upon a cancellation petition filed by GSK Consumer Healthcare predicated upon the phonetic, visual, and structural similarities between the plaintiff's mark OTRIVIN / OTRINOZ and the mark OTRINIR, owned by Celebrity Biopharma.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Rectification Quest: Delhi High Court's Verdict On BAOJI Trademark Non-Use Allegations

    Petitioner, a company incorporated in Thailand, engaged in the business of, inter alia, manufacture and distribution of footwear and other related goods.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Using A Prominent Word In A Logo Amounts To Trade Mark Infringement

    A question of deceptive similarity of a prominent part of a trade mark cropped up before the Delhi High Court in the case of Max Healthcare Institute Ltd vs Sahrudya Health Care Pvt Ltd.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    When Can A Provision Be Deemed As A Clarificatory Having Retrospective Effect: Supreme Court Of India Clarifies

    The Supreme Court recently, in a case titled "Sree Sankaracharya University of Sanskrit and others v. Dr. Manu and another", has explained when an amendment can be held to be a clarificatory which has a retrospective effect.
    IndiaLitigation, Mediation & Arbitration
    Lex Orbis
    Lex Orbis
  • Article

    Implications Of 28% GST On Online Gaming: Industry's Plea For Reconsideration

    In a significant development that has sent shockwaves through the online gaming industry, the GST Council recently announced a decision to impose a 28% Goods and Services Tax...
    IndiaTax
    Lex Orbis
    Lex Orbis

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