The Delhi High Court vide judgment dated 7 th October 2022 set aside the judgment of the Ld. Single Judge on the ground that a court is not entitled to suo moto challenge the validity of a registered trademark under Section 9(1)(b) of the Trade Marks Act, 1999 (hereinafter referred to as ‘the Act’) unless…
J U D G M E N T I.A. 6195/2022 (condonation of delay) in ARB.P. 207/2022 The Supreme Court by its orders 23.03.2020, 27.04.2021 and 10.01.2022 in Suo Moto Writ Petition (Civil) No.3 of 2020 had suspended the period of limitation in view of the ongoing pandemic. Accordingly, there is no delay in filing the…
I. INTRODUCTION: The High Court of Delhi vide judgment dated 26th September 2022 in the case titled “Reckitt Benckiser (India) Pvt. Ltd vs. Hindustan Unilever Limited [FAO(OS)(COMM) 149/2021]” passed an order of injunction against the Defendant I.E., Hindustan Unilever Limited to the restrain their advertisement on the grounds that an advertiser cannot disparage or defame…
The Delhi High Court vide order dated 07.07.2022 concluded on whether an advertising campaign and its various elements be protected under intellectual property law, and if so, in what manner. I. FACTS OF THE CASE The Plaintiff is a company engaged in the business of manufacturing and trading of health supplements, nutraceuticals and food products.…
I. INTRODUCTION By the way of the present legal note, the question – whether a relinquishment deed could be executed by a releasor in favor of only few releasee(s) of his choice or not. The High Court of Delhi vide judgment dated 20th May 2020 in the case titled “Tripta Kaushik and Ors. V Sub-registrar…
The present legal update summaries the Legal Metrology (Packaged Commodities) (Third Amendment) Rules, 2022 (“Amendment”) issued by the Ministry of Consumer Affairs, Food and Public Distribution vide Notification dated 22nd August 2022. I. INTRODUCTION: Recently, the Ministry of Consumer Affairs, Food, and Public Distribution notified the Amendment to further amend the Legal Metrology (Packaged Commodities)…
INTRODUCTION: The present legal update concerns the query that has been confounding vendors/buyers of immovable property viz-a-viz calculation of stamp duty in the State of Delhi and seeks to answer their concerns when they are forced to pay stamp duty on the basis of circle rate prescribed by the Government of NCT of Delhi instead…
I. INTRODUCTION The Division Bench of the Delhi High Court vide judgment dated 19th September 2022 in the case titled ‘Tata Sons Pvt. Ltd. v. Hakunamatata Tata Founders & Ors.’ restrained the Respondents/Defendants (hereinafter referred to as ‘Respondents’) (registered in US and UK) from using the trademark ‘TATA’. The present appeal was filed challenging the…
The Delhi High Court vide judgement dated 28 th October 2022 vacated the ex-parte ad interim injunction passed against the Defendent with respect to the trademark ‘FLY HIGH’. 1.FACTS OF THE CASE The plaintiff claimed to have coined and adopted the trademarks ‘FLY HIGH’ since the year 2004 in lieu of training in hospitality, aviation…
I. INTRODUCTION: The instant article deals with the arbitrability of the Intellectual Property Right (Trade mark & Copyright) disputes which have been time and again asserted as non-arbitral disputes via judicial precedents for the reason that the said disputes are disputes in rem. The rights conferred on an IPR owner are considered as ‘right in rem’ as…
