Ajay Amitabh Suman

Ajay Amitabh Suman

Member since: January 10, 2019
Total live articles: 117

Myself Ajay Amitabh Suman, An Advocate Practicing Hon'ble High Court of Delhi, having specialization in Intellectual Property Right for more than 20 years. Besides practicing in Hon'ble High Court of Delhi, I am also a Poet, Author, Blogger, Vlogger and Writer.

Recent Articles by Ajay Amitabh Suman

Whether mere taking defense of invalidity is sufficient enough for Section 12...

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Section 124 of the Trade Marks Act 1999 deals with the grounds for rectification/cancellation of a registered trademark. One of the grounds for rectification/cancellation is that the registrati...

Amendment Of Plaint Seeking Addition, Deletion, And Correction In The Descrip...

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The subject matter Suit: The Plaintiff filed the subject matter Suit seeking the relief of inter alia infringement of their registered trademarks, passing off in which ex parte injunction was ...

Upper Cap On The Fee Of Professionals

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"If they claim themselves to be professionals, it is their responsibility too, not to look like professionals and not like business men." The COVID-19 pandemic has brought about unpr...

Descriptive Trademark, Not Entitled For Protection: A Case Study

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Descriptive and Generic Trademark are considered to be poor Trademark. Though descriptive Trademark can be granted protection provided the party concern establishes the secondary significance. ...

Confronting Photocopies of the documents in cross examination

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These questions often arises, whether during the course of cross examination, the witness can be confronted with the photocopies of the documents or not? What happens, in case the witness denie...

The Substance of Application has to be seen and the provisions mentioned in t...

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The Parties: Petitioner namely Macleods Pharma was the registered Proprietor of Trademark OFLOMAC under No.838726 in class 05. Respondent No.4 namely Sun Pharma is the party who has filed rec...

The Paradoxical Nature of Law

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The paradoxical nature of justice is that while it aims to be fair and just, it is often influenced by social, political, and economic factors. The system can be biased against certain individu...

The Wide Time Gap Of Prior Art Is Directly Proportional To The Inventiveness ...

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The Appeal: The Subject Matter Appeal has been filed against order dated 29.12.2021 passed by the Controller of Patents and Designs, Patent , refusing the Patent Application of the Appellant. ...

Relevance of Brand Name in a Suit for Infringement of Design

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The Suit: The Subject Matter Suit pertains to Infringement of Registered Design under No. 322384-002 dated 09.10.2019 in relation to Coolers. Plaintiff's Products: The Plaintiff has been sel...

Principle of Natural Justice in the process of Examination of Patent

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The Parties The Appellant is the applicant of the subject matter Trademark, while the Respondent is the controller of the Patent who has passed the impugned Judgment. The Judgement Assailed ...

Dichotomy between Amendment of Claims of Patent and Specification of Patent

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The Parties in the Appeal: The Appellant is the Applicant for the Patent while the Respondent is the Controller of the Patent which has passed the impugned Judgment. The Judgment Impugned: ...

Trademark Right And Design Rights Are Mutually Destructive To Each Other

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The Brief Fact Leading to Filing of Appeal: Appellant is the Plaintiff and Respondent is the Defendant in the subject matter Suit bearing CS(COMM.) 329/2021.   The subject matter Suit ...

Maintainability of Appeal under Order 43 Rule 1 CPC against rejection applica...

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Brief Note on Issue of the case Maintainability of Appeal under Order 43 Rule 1 CPC against rejection application under O 7 R 11 CPC. Case Title: Bhushan Oil and Fats Pvt. Ltd. Vs Mother ...

Adversarial Versus inquisitorial System of Adjudication

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The Important Finding of the case: In India, adversarial system of judicial system is adopted and not inquisitorial. The Court can not decide the case of party, which were not raised by th...

Recent Judgments Pertaining To Intellectual Property

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Case Title: Ultra Tech Cement Limited and another v/s Ultra Plus Cement Pvt. Ltd. and Ors Judgment date: 04.11.2022 Suit No. CS Comm No. 755 of 2022 Name of Court: High Court of Del...

Appeal Against Grant Of Ex-Parte Injunction In Trade Mark Dispute

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The adversarial system used by the Indian judiciary is the same one that is used in practically all nations with common law. This adversarial system's need that natural justice principles be up...

The Significance Attached To A Well Known Trademark

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In India, the Trademarks deputes were earlier governed under the provisions of Trade and Merchandise Marks Act 1958. At the relevant point of time, provisions of Trade and Merchandise Act 1958 ...

Recognition of Atheism in Indian Constitution

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In the year 1947, when our country became independent it adopted secular ideas in so far as religion is concerned. It is a fact that every citizen in India is free to choose and practice his ow...

A Crack Down On Crony Capitalism By Supreme Court

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Lots of people are raising their fingers in response to the Supreme Court's decision to destroy the Twin Towers. Speculation exists as to whether the Twin Towers' destruction would improve the ...

Pass Over and Adjournment: Judicial Way to Commit Injustice

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First, let us clarify what Passover and adjournment are all about. In reality, when an advocate has numerous cases in one day, he cannot attend to all of them at the same time. Naturally, in th...

The binding effect of Interlocutory orders

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In matters pertaining to Intellectual Property Rights, the orders passed by the Court on interim injunction application under 39 Rule 1 and 2 CPC plays crucial role in declining the right of th...

What Trademark significance attached to Invoices not bearing the Trademark

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Its is well known fact that right in a Trademark can be acquired either by way of registration or by way of user. For obtaining Trademark registration, detail procedure has been prescribed in T...

Validity Of Registered Trade Mark In Suit For Infringement

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In a case for infringement of registered Trademark, the Trademark registration is prima facie evidence of validity. It has also been laid down by various courts that in a case for infringement ...

Finding Of IPAB Is Not Binding In An Action For Passing Off Action

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If a registered trademark of a party is cancelled by the Intellectual Property Appellate Board [IPAB], does it mean that an action of passing off has to be allowed against that party? Or in oth...

Doctrine Of Equivalence And Process Patent

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The Subject matter Suit pertains to infringement of Plaintiff's patent under Indian Patent No. 298645 (IN 645). The subject matter Suit relates to claim construction of a process patent and app...

Criminal Liability Under Section 64 Of The Copyright Act 1957

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Under the provisions of copyright Act 1957, criminal complaint can be filed in order to initiate criminal proceeding. The provision of Section 63 of the Copyright Act 1957 provides for the offe...

Mosaicing Of Prior Arts, When Permissible To Defeat A Patent?

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What are the circumstances where a defendant could be allowed to use the principle of mosaicing to defeat a patent? Or in other words, how the Hon'ble Court would evaluate which of the prior ar...

Non Filing Of Legal Proceeding Certificate In A Suit For Trademark Infringement

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In a recent Judgement pronounced by Hon'ble Single Judge, of Delhi in Amrish Aggarwal Vs Venus Home Appliances Pvt. Ltd.: 2019 SCC OnLine Del 9966, general direction has been issued by the Hon'...

Non Disclosure Of Communication With Distributor Is Not Fatal

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In disputes pertaining to intellectual property right, orders of interim injunction plays Vitol role in deciding the fate of litigation. Normally in IPR dispute, it is very common to ask for re...

How To Evaluate Inventive Step In A Patent?

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There are many grounds on the basis of which a patent can be attacked. like novelty, inventive step, insufficient disclosure in the patent etc. In order to defeat a patent on the ground of nove...

Pre Suit Institution Mediation Proceeding Under Section 12-A Of Commercial Co...

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Section 12-A of the Commercial Court Act 2015 provides for pre-institution mediation proceedings. This provision was inserted in the Commercial Court Act 2015 with a view to putting more emphas...

Trademark Entitlement Of Combination Of Ordinary Words

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What could be the fate of those trademarks which are comprised of ordinary words? In other words , can a trademark, which is the result of combining ordinary dictionary words, be appropriated e...

Divisional Patent Application And Test Of Enhanced Therapeutic Efficacy

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What is significance of enhanced efficacy in relation to devisional Patent Application? Or Put in another way, can Test of enhanced therapeutic efficacy be applied to evaluate patentabil...

Price Difference of Medicinal Products

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In Pharmaceutical Industry it is a normal tendency amongst the manufacturers to keep the name of a product based on the active compound of the medicine. One issue is there, whether a party can...

Plea of Publici Juris and Trademark application filing by Defendant

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In case a party itself has applied for obtaining Trade mark registration, can he take plea of the Trademark being common to Trade? Or in other words, whether defence of Publici Juris is availa...

What If Parties Resile From A Statement Given In Court?

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Many times, a party gives a statement in court. What is the sanctity of such a statement given by a party in a court proceeding? Can a party be allowed to act in contravention of a stateme...

Criminal Liability Of Intermediaries

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Amazon, Flikarts, Indiamart etc are the new age e-marketing platforms which provide lots of easy options for the sellers to sell their products. These e-marketing platforms are also getting p...

Can A Party Be Allowed To Claim Different Trademark User From What Has Been C...

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When ever any Trademark application is filed by a party, it has to furnish the user detail of the subject matter Trade mark applied for? Question is this whether a Party be allowed to claim...

Defence Of Section 17 Of Trademarks Act 1999 In Relation To Trademark Infrin...

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What could be effect of Section 17 of Trademark Act 1999 in relation to Suit pertaining to infringement of Trademark, if the registered Trademark is a composite Trademark, comprised of various ...

Ocular Comparison Is The Basic Criterion For Design Infringement

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The Criterion for evaluating the Design Infringement , the comparison through eye has to be done. This settled law has again been reiterated by Hon'ble Division Bench High Court of Delhi vide i...

Mosaicing Of Prior Arts Can Not Defeat A Registered Design

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Mosaicing has been used to test whether a Patent is valid or not? A Patent can be held to be invalid on the ground of lacking inventive step or lacking novelty on the ground of mosaicing of var...

Latching On Is Impermissible Under The Trademark Law

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With advent of new technology, life becomes easy But nothing comes without a cost. New technology brings in new challenges too. E marketing is no more exception. Amazon, Flipkart etc are resul...

Provisions of Commercial Court Act are not applicable Retrospectively

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There has been lots of doubts in the air recently these days regarding interpretation of various provisions of the commercial court act. In the past, the Hon'ble Court have been clearing the fo...

Opinion Of Registrar Of Trademark Is Must Before Initiating Any Criminal Comp...

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What would be fate of criminal complaint filed by a complainant before the Police authority under the provisions of Trademarks Act 1999, in case prior to filing of said complaint , no opinion o...

The Scope of Divisional Patent Application

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What is scope of divisional application in a Patent? What are the criterion for evaluating, where an applicant for Patent can be said to be entitled to a divisional application?  What are ...

Tampering With Goods Seized By A Local Commissioner And Contempt Of Court

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Court orders got some meaning, when the court passing such orders, has means to get it executed in case of violation. If the court is not equipped with authority to punish the violators, then c...

The Basic Requirement For Shape Of A Product To Qualify As A Trademark

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The Shape of a product has been included as Design under the Design Act 2000 and also under the Provisions of Trademarks Act 1999. It means shape of a product can serve the function of design a...

The Cognizance Of Internet Downloaded Documents In A Quasi Judicial Proceeding

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By passage of time every thing changes, ways of communication and knowledge sharing mode too. Present days are days of Technology, days of internet. Advent of internet has introduced many thi...

Patent Pre Grant Opposition Proceeding Opponent Must Be Aware Of The Final Cl...

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In a Patent pre grant Opposition proceeding, the Opponent must be aware of the final claims of the Patent, which the same is going to meet at the time of hearing Can an Opponent be kept in d...

What Is The Effect Of Use Of A Registered Trademark By Third Party In A Small...

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Is it possible for third party to use registered Trademark of other party in smaller font in conjunction with other words? One of such fact was there before the Hon'ble Division Bench, High Cou...

Domain Name Registrants (DNRs) Are Directed To Devise A Mechanism For Partici...

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This is a case where the Hon'ble High Court of Delhi has directed the DNRs to devise a mechanism in order to enable the rights holder of a trademark to fight with rogue websites. Now questio...

The Dishonesty In Adoption Of A Trademark

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Its a case where the Hon'ble High Court of Mumbai was pleased to grant an ex parte order of injunction in favour of the plaintiff after observing that adoption of the defendant was dishonest. ...

A Descriptive Trademark Can Not Protected Without Acquired Distinctiveness

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The Plaintiff has filed the subject matter Suit on the basis of proprietary rights in the trademark NOTURN in relation to mattress. The Plaintiff alleged to be registered proprietor of the mar...

Passing Off Remedy Can Not Be Stayed Under Section 124 Of The Trademarks Act ...

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The Defendant has filed application under Section 124 of the Trademarks Act 1999,seeking stay of the suit proceeding pending cancellation petition filed by them against registered Trademarks of...

Dexorange v/s Hemorange Trademark

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The Plaintiff filed the subject matter Suit on the basis of proprietary rights in the Trademark/Colour Combination/Trade Dress Dexorange in relation to medicinal and pharmaceuticals products fa...

Intellectual Property Right In An Advertisement Campaign

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Several decades ago, there were many advertisements that were extremely popular among the public. I remember an advertisement that said, Jab Mai Chhota Bachcha Tha, Badi Shararat Karta Tha, Mer...

Amendment in claims of a Patent

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Can a product by process patent be converted into a process patent solely by amending the claims Is this a valid way to change claims? According to Section 59 of the Patent Act of 1970, are suc...

Guidelines For Making A Patent Application Ready For Grant

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Pre grant and post grant opposition proceedings, if any, may precede the grant of a patent. However, the Patent Application must be filed first in order to be granted. According to the Paten...

Meta Links or Meta Tags: The Invisible use of a Trademark

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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...

Cross examination in Contempt Petition

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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...

The Rigidity of Procedural Technicalities in Indian Courts

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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...

Can Trademark Right Be Asserted In A Registered Design?

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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...

What Is Effect On A Suit For Infringement Of Design, In Case Registered Desig...

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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...

Significance of Delay and Alternative remedy in a Writ

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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...

Admission Made By A Party Before The Registrar Of Trademark And Its Effect In...

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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...

Additional Documents at Appellate stage

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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...

Plaintiff Entitlement To Notional Damages And Legal Cost In Ex Parte Matters

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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...

Condonation Of Delay In Filing The Written Statement In A Commercial Dispute

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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...

Transliterated version of Trademark and Trade Marks Infringement

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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...

What Right A Proxy Counsel Does Have In A Court Proceeding: A Case Study

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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...

Ex Parte Appointment Of Local Commissioner Under Order 26 Rule 9 CPC: A Case ...

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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...

The Locus Of Third Party To File Appeal: A Case Study

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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...

Doctrine Of De Minimis In The Context Of Fair Use: A Case Study

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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...

Public Interest and Trademark Dispute

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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...

Producing Additional Document At The Stage Of Cross-Examination

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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...

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...

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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...

Additional Documents At The Trial Stage

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This case relates to intellectual property right, more especially trademark right. The judgm...

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...

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