Ajay Amitabh Suman

Ajay Amitabh Suman

Member since: January 10, 2019
Total live articles: 42

Myself Ajay Amitabh Suman, A Practicing Hon'ble High Court of Delhi, having specialization in Intellectual Property Right for more than 19 years.

Recent Articles by Ajay Amitabh Suman

Atheism And Indian Constitution

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India is declared to be secular country. Every body is independent to practice his or his religious faith or belief in Indian Republic. This was the basic difference between India and Pakistan,...

Effect of suppression of Trademark's Disclaimer

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The subject matter Suit was filed by the Plaintiff on the basis of proprietary right in the trademark Columbia since the year 1938. The plaintiff has claimed to have used the said trademark wor...

What weightage is attached to Trademark user on Calendar?

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In cases for the infringement of Trade Mark and in cases of passing off, user of trademark plays very important role in establishing proprietary right over the trademark. Section 31 of the h...

General Direction issued by High Court of Delhi for obtaining certified copie...

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In matters pertaining to intellectual property right, this had been routine practice to summon the officials of Trade Marks Registry in order to prove the registered trademarks or pending trade...

Should Right To Recall Be Made Fundamental Right

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What kind of democratic set up is prevailing in our country? Leaders and political parties comes in power by making unrealistic promises. Once they come in power, they forget every this. The pe...

Formulating Guidelines To Curb Display Of Nudity, Violence And Foul Language...

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The kind of unfettered display of Nudity, Violence and Foul Language through OTT platform is accessible to a teenager now a days, was not available just few years ago. What kind of future we a...

When User Of Non Descriptive Attains Trademark Significance

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Normally a descriptive term is considered as a weak trade mark. More so if a term is used as a descriptor along with trademark/house mark/Umbrella trademark to describe the product of a party, ...

Guidelines framed by Hon'ble High Court of Delhi involving trademark infringe...

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When ever a right holder files a suit for infringement of Trademark, the same does in a hasty manner. It is normal practice to file application under Order 39 Rule 1 and 2 CPC along with the Pl...

Stay of Suit proceeding under Section 124 of Trademarks Act 1999

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Section 124 of Trademarks Act 1999 is a unique provision which provides for stay of suit involving trademarks infringement, in certain situation. This provision pertain to Suit pertaining to Tr...

Why Corporate Sector Are Granted Exemption From Right To Information Act

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Right to information has proven to be strong weapon in the hand of common man. Earlier there was no any means for citizen to unfold the irregularities and corrupt practices prevailing in Govern...

Indian Judiciary: Burning Example Of Justice Delayed, Justice Denied

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Whenever we talk of the judiciary, the idea of justice flickers across our mind. The common man perceives the court as a mechanism to deliver justice to the person aggrieved. It is true that wh...

Revisiting Legal Age of Consent

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When it can be said that a female or male is capable enough to give valid consent in the eye of law for entering into consensual sex? This topic has become a hot topic again in India in view of...

When goods seized by Local Commissioner at his premise are Genuine

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It is normal practice in matters to Intellectual Property Law (i.e. matters pertaining to violation of Trademark, copyright, design, Patent , Geographical Information etc), when ever a right ho...

Novelty In Design: Qualitative Test Versus Quantitative Test

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Design Act 2000 of India governs the Law pertaining to infringement of Design. When ever a party obtains a registration under the Design Act 2000, the obtains right to sue the infringers agains...

Personality Right Versus Social Responsibility Of A Celebrity

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Personality Right has been hot cake these days. Recently various Judgments, where famous celebrity's right has been recognized. It is known as personality Right. Its means no one can copy the f...

The Basic Requisite For Shape Of A Good To Qualify As A Trademark

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What are the necessary ingredients for shape of a good to qualify as trademark. The very genesis of trademark based on concept of association of particular name with a particular ...

Filing of additional Documents in Commercial Dispute

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Prior to enactment of Commercial Court Act 2015, normally Plaintiff or Defendant could file the additional documents prior to framing of issues without taking any leave from the court. Law was ...

Suggestion For Amendments In Trademarks Law

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It has been said the we are having ancient law with medieval law enforcement agencies to tackle modern offences. Can we succeed in handling the modern cyber crimes, that is the question? This o...

Freedom Of Press And Court Of Proceedings

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Before a Court passes a Judgment , during hearing , many things happens. Heated argument between the lawyers, remarks by Hon’ble Judges, whether soft or harsh, are part and parcel of court hea...

How To Control The Menace Posed By Social Media Post Offenders

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Internet has become an inseparable part of our life. Just imagine , if on a particular day , internet connectivity is lost, then how our life is going to be miserable. Gone are the day when one...

Petition To Ban Indian Premier League (IPL)

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In order to curb evil effect of Corona Pandemic , States are declaring state wise lock down one by one. In the last week of April 2021, firstly weakened curfew was imposed. Then weakened lock d...

Is A Whatsapp Group Administrator Is Liable For Any Objectionable Content Pos...

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Whatapp has proved its relevance in decimation of information very fast. One of unique feature of this application is that it also provides the users a right to create a group. In that group an...

Dynamic Injunctions and Online Anti-Counterfeiting Enforcement in Corona Time

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The whole world is facing a lot of problem during Corona Epidemic. Physical business dealing has been remarkably been paralysed because of this epidemic. But result is rapid increase in digital...

Imposition Of Penalty In A Contempt Proceeding

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In a recent decision, the Hon’ble High Court of Delhi has imposed the penalty of Rs. One Lac on the contemnor in a contempt petition. The Petitioner namely M/s Kamdhenu Ltd. has ...

The Relevant Provisions And Case Laws Dealing With Protection Of Shape Of Goo...

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What Does Mean By Copyright: The copy right means the right provided to the authors/originators/creators of different kinds of works, as enumerated in the Copyright Act. The right of authors/o...

The Relevant Provisions And Case Laws Dealing With Protection Of Shape Of Goo...

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Salient Feature Of Design Act 2000: The Design Act in India protects only those Design, which are solely appealed by eye or in other word, the Design which are aesthetic in Nature are protectabl...

Evaluation of Respondent's Defense at the stage of Framing of Charge

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What weightage should be given to defense of accused at the stage of framing of charge in a criminal matter? This issue has recently been dealt with by the Hon'ble Supreme Court of India in a r...

Procedural Law Should Be Construed Liberally

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This article deals with the liberal construction of procedural law by the Indian Courts. In law, time has been prescribed for doing a time in a prescribed period. There is Limitation Act, whic...

High Court Of Delhi Allows The Communication Of Court Order Through Mobile

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Gone are the days, when service on the party used to be effected by way of publication in News Paper or by way of affixation in the concerned locality, where the party resides. With change in t...

Territorial Jurisdiction of a Civil Court Vis a Vis application filed for reg...

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The existence is outcome of continuous process of Struggle. A baby is outcome of fight amongst hundreds of thousands of brother sperms in penetrating one ovum. In ancient days man struggled aga...

Test of Deceptive Similarity with respect to Words, having Common Element

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What should be test of deceptive similarity with respect to word having common word, either a prefix or as a suffix? ‘Words common to trade’, a facet of ‘deceptive similarity’, has generally co...

What is signification of copyright registration, with respect to use of a label

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Till date, there were lots of confusion regarding the significance of copyright registration, with respect to user of the art work, for which it was registered. It is relatively easier to obtai...

Additional Documents At The Trial Stage

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This case relates to intellectual property right, more especially trademark right. The judgment deals with the issue of production of additional document by the plaintiff’s witness during th...

Shape Of Good As A Trademark

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It is a general saying that A picture is worth a thousand words. A Pictures casts great impression on the human mind. If a picture or shape is striking, then it lasts for a longer period of tim...

Acceptance of third Gender in Indian Society

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The framers of the Indian Constitution, while formulating it, envisaged that future India would nurture such a society where there would be no discrimination on the basis of caste, religion, co...

POCSO Act 2012 And Age Of Consent

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What should be minimum age of giving valid consent for entering into sexual relationship? When it can be said that a female or male is capable enough to give a valid consent in the eye of law f...

Guidelines For Implementation of Section 209 IPC In IPR Matters

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Section 209 of IPC has remained unchartered territory in matters pertaining to Intellectual Property Rights, especially pertaining to Trade Marks/Copyright. In matters pertai...

John Doe Order And Intellectual Property Right

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Trademark and Copyright infringement has been rampant throughout the world including in India. The Right Holders are supposed to be vigilant in taking action against the violators in order to s...

Action For Infringement, Passing off And Third Party Use

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When ever a Plaintiff institute a Suit for infringement of Passing off against the Defendant, then normally the Defendant takes the defense of user of same or similar trade mark by other partie...

Copyright Registration, No proof of user

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In a recent Judgment dated21.01.2019 passed by Hon'ble High Court of Delhi in Writ bearing W.P.(C) 7983/2012 titled as Khushi Ram Behari Lal Vs Jaswant Singh Balwant Singh, the Hon'ble Court ha...

What Is A Letter Trademark?

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This article deals with the Trade Marks, comprised of Letters. Though normally trademarks are comprised of device, colour combination, letters, image etc. However there may be cases where the T...

Summoning of Registrar of Trademark To Prove Trademark Registration

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In a Civil Suit proceeding pertaining to Intellectual Property Right in India, when ever matter is listed before the Joint Registrar or Court for purpose of evidence of the parties, there is no...

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Popular Articles by Ajay Amitabh Suman

Guidelines For Implementation of Section...

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Section 209 of IPC has remained unchartered territory in matters pertaining to Intellec...

Summoning of Registrar of Trademark To P...

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In a Civil Suit proceeding pertaining to Intellectual Property Right in India, when ever matter...

Test of Deceptive Similarity with respec...

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What should be test of deceptive similarity with respect to word having common word, either a p...

What Is A Letter Trademark?

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This article deals with the Trade Marks, comprised of Letters. Though normally trademarks are c...

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