What happens if a trademark is not utilized in connection with a tangible good? E-commerce transactions emerged with the introduction of the internet. Various meta links with allusions to trade...

When a matter is yet to be finally adjudication, it is appropriate to pass any order in a collateral proceeding like any contempt proceeding emantaring out of that? It is appropriate to enterta...

Hon'ble Supreme Court of India has emphasized liberal interpretations of procedural rules time and time again. Hon'ble Justice Kishna Iyer of the Supreme Court of India noted in the judgment Su...

Brief Facts: The plaintiff namely Havells India Limited, filed a suit seeking, among other things, a permanent injunction based on their registered designs Nos. 280666 and 328605. The Plai...

Brief Fact: The Plaintiff namely Vikas Jain filed Suit seeking the relief of inter-alia permanent injunction on the basis of their registered Design under No.194631 dated 23.02.2004. The Pla...

Issues Discussed: The Role of Delay and availability of alternative remedy in deciding the Writ Petition. Case Title: Sudhir Bhatia Trading As V. Bhatia International Vs Central Govern...

The Trademark Opposition proceeding are in fact mother for all Trademark Infringement litigation. Whosoever is desirous of getting statutory right in Trademark, obviously has to undergo the rig...

What are the circumstances where additional documents can be taken on record even at the Appellate stage? This is always important aspect of procedural law. The another important aspect in Trad...

When Defendant participates in a Suit proceeding, it is easy for the Plaintiff to fix accountability on the Defendant regarding relief of Damages. But where Defendant is ex-parte , it becomes a...

Recently in a Judgement pronounced by Hon'ble High Court of Delhi, Division Bench on 04.05.2022 in Appeal bearing FAO(OS) (COMM) 106/2022 titled as Vidhi Electrical & Eng Co Vs C & S El...

In some cases , defendant starts using the Transliterated version of Plaintiff's Trademark in another language. In such a situation, does plaintiff have right to restrain the defendant. Wha...

There has been practice in Trial Courts, not to record the actual names of Junior Counsels who are appearing in the matter.instead of using the name of counsels, the Trial Courts while adjudica...

A case come up before the Hon'ble High Court of Delhi in which the Plaintiff was asking for ex parte injunction and appointment of Local Commissioner ex parte. In view of above the Plaintiff wa...

Appeal is a statutory right. It is in fact creation of statute. Right of Appeal can be exercised only in accordance with the provision provided under the Act. It means if no provision of Appeal...

Shemaroo Entertainment Ltd. Vs News Nation Network Pvt. Ltd., a recent judgement issued by the Hon'ble High Court of Mumbai, dealt with the Defendant's "De minimis" defense. The te...

Trademark rights are commercial rights that can be used to sue others. While public interest is the right of the general public. It is up to the legislature and the courts to figure out how to s...

The Criminal Method Code of 1973 is the main code governing the procedure followed by Indian courts when dealing with criminal proceedings, i.e., matters involving state offences. The Civil Pro...

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,...

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...

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...

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...

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...

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...

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, ...

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...

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...

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...

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...

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...

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...

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 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...

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 ...

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 ...

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...

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...

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...

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...

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...

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...

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 ...

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...

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...

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...

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...

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...

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...

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 constrai...

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...

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...

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...

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...

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...

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

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...

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...

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...

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...

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...