1,061 results found

After Infosys case, Intel Corporation V. Retd Admiral B.R. Vasant & Arn. is yet another case of infringement involving top IT brands in India. Like Infosys case, Intel also successfully prosecuted its case; difference being that in former defendant contested his case while the latter was decided exparte.

The acquiescence in relation to the use of a mark disentitles the proprietor of the mark to oppose it from being used. The case Macleods Pharmaceuticals Ltd versus Tidal Laboratories P Ltd 2006 (32) PTC 221(Bom) amply lays down the law in this matter. Also that registration of a trademark is not a crucial factor in denying relief in a passing off action.

In an unprecedented twist in the legislative process, the Technical Expert Group on Patent Law Issues requested the Government of India to withdraw its Report that was submitted by the Group on December 29, 2006. The Government of India constituted the Expert Group in April 2005 in a follow up of the issues raised in the Parliament during the debate on Patent (Amendment) Bill, 2005.

Similarity of marks is an issue that trademark law in India has consistently dealt with over time, thus evolving crucial principles. As per judicial dicta, there should be only one trademark, one source & one proprietor.

It was argued that the Defendant is using the expression "PAHARGANJ KE MASHOOR CHUR CHUR NAAN" only in descriptive manner.

Dheeraj Kapoor, associate at LexOrbis, examines the repercussions of India's new rules for sound trademarks, and whether they have hit the right note

Improvements in the old inventions remained the hall mark of most of the patents barring few breakthroughs which are game changers or pioneer's inventions.

Traditional knowledge generally is mental account and record of local biological resources, animal breeds and local plant, crop and tree species. It also includes practices as seed treatment and storage methods and tools used for planting and harvesting, which play a fundamental role in a people's livelihood, maintaining their health, and protecting and replenishing the environment.

On November 16, 2023, in the matter of Dr Reddys Laboratories Limited vs Smart Laboratories Pvt Ltd. CS(COMM) 744/2023.

The concept of beneficial ownership of shares finds its roots in Section 90 of the Companies Act, 2013 ("Companies Act").

This question becomes even more sensitive when the term represents not merely a word, but a symbol of faith, collective identity, and spiritual lineage.

The draft legislation on the National Innovation Act of 2008 has been released by the Dept. of Science and Technology.

The Delhi High Court in its judgment dated August 16, 2023, embarked on a comprehensive examination of the trademark dispute involving Sun Pharma Laboratories Ltd. and Finecure Pharmaceuticals.

In cases of dilution of well-known trademarks, the question of deceptive similarity or element of deception may not be a necessary consideration.

Royal Orchid Hotels Limited is prevented by a court’s order to name its new hotels ‘The Orchid’.

In an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 for a rejection of the plaint two fundamental questions with regard to the maintainability of the suit came up for consideration.

One of the vital features of trademark is its capacity to distinguish the goods or services of one person from those of another. Trademarks are usually coined or invented words. The major impediment connected with the trademark is in preventing deceptively similar marks.