Yogi Ayurvedic Products Pvt. Ltd. v. Vaishali Industries: Bombay High Court rules written Assignment essential to prove continuous of the Trademark
In Yogi Ayurvedic Products Pvt. Ltd. v. Vaishali Industries, the Bombay High Court ruled that trademark rights require a written assignment under Section 2(1)(b) of the Trade Marks Act, 1999. The Defendant’s prior use claim, based on 1997 invoices from M/s. D.V. Deo Aromatics Pvt. Ltd., was rejected due to the absence of a formal assignment.
Bombay High Court Protects Castrol India’s Copyrights in Dispute with Influencer Mr. Gaurav Taneja
In a significant judgment dated December 4, 2024, the Hon’ble Bombay High Court granted interim relief to Castrol India Ltd. in a copyright infringement case against social media influencer Mr. Gaurav Taneja, popularly known as “Flying Beast.”
Hon’ble Bombay High Court imposes Rs.50 lakhs cost on Defendant for Dual Contempt in dispute between Pidilite Industries Ltd vs Premier Stationery Industries Pvt Ltd & Ors
Bombay High Court imposed cost of Rs.50,00,000/- (Rupees Fifty Lakhs Only) on Premier Stationery Industries Pvt. Ltd. & Ors. in a Contempt Petition for willful and deliberate disregard and disobedience to its Order dated 13/07/2017 in a trademark and copyright infringement Suit
Bombay High Court Addresses Al Voice Cloning issue with Ex-Parte Dynamic Injunction in Arijit Singh’s Personality Rights Case
For the first time Bombay High Court addresses AI voice cloning issue while granting ex-parte ad-interim relief to singer Arijit Singh against Artificial Intelligence platforms for unauthorized / unlicensed commercial exploitation of his personality rights and moral rights.
“Delhi High Court restrains Rebanta Healthcare from using Dr.Reddy’s trademark “REBAHEAL”
The Hon’ble Delhi High Court has granted ad-interim relief in favor of Dr. Reddy’s Laboratories Limited, restraining Rebanta Healthcare Pvt. Ltd. from infringing and passing off its well-known registered trademark “REBAHEAL.”
Upholding Due Process in Trademark Transmission – Electronica India v. Electronica Hitech
In a recent appeal under the Trademarks Act, 1999 filed before the Hon’ble Bombay High Court, a significant legal challenge has been raised against the Trade Mark Registry’s purported orders for allowing applications for recordal of assignment/ transmission
“Ude Jab Jab Zulfein” Row: Emami Directed to Pay Rs. 10 Lakhs
Saregama India Limited instituted a copyright infringement lawsuit with the Delhi High Court against Emami Limited, seeking to restrain the latter from using the musical and literary content of the song ‘Ude Jab Jab Zulfein’
PIDILITE vs ASTRAL: Hon’ble Bombay High Court grants temporary injunction in favour of Pidilite in Design infringement Suit.
Recently on 13th June, 2024 , the Hon’ble Bombay High Court granted an ad interim injunction in favor of Pidilite Industries Limited (Pidilite), restraining Astral Limited (Astral) from infringing on Pidilite’s registered design
Mangalam vs Patanjali, Hon’ble Bombay High Court on Camphor Cone Product Dispute
The case of Mangalam Organics vs. Patanjali Ayurved Limited , pertains to the trademark and copyright infringement by Patanjali of Mangalam’s unique camphor product having a unique cone shape non-woven fabric draped packaging/ trade dress.
Recent Jurisprudence on Personality Rights in India
Indian courts have progressively recognized and protected personality rights, even in the absence of explicit statutory provisions. These rights are derived from Article 19(1)(a) and Article 21 of the Indian Constitution,
Delhi High Court Upholds AMUL’s Trademark Dominance: A Landmark Victory in Brand Protection
Delhi High Court Upholds AMUL’s Trademark Dominance: A Landmark Victory in Brand Protection In a landmark decision on April 8, 2024,
Indian Court Declares International Society for Krishna Consciousness (Iskcon) As a Well-known Trademark
In a recent Judgment High Court, Bombay declared INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS (ISKCON)…
Minimum Mandatory Sentences in India
Mandatory sentences and minimum mandatory sentences as punishment in law has been commonly prescribed by the legislatures worldwide.
INSOLVENCY LAW PREVAILS OVER ADMIRALTY LAW
Insolvency law prevails over Admiralty law: A compromised solution to save maritime claims. By Gaurav Srivastav, S.k. Srivastav & Co (India) Introduction: The Bombay High Court passed a judgment, Raj Shipping Agencies v. Barge Madhwa, 2020 SCC OnLine Bom 651 on 19/5/2020, when it was called upon to answer two issues one of which was [...]
IMPACT OF CONTRACTS ON COVID-19
The onset of COVID -19 has made it increasingly difficult for individuals as well as Companies to honour their Commercial obligations. The Question how would a pandemic such as COVID -19 affect existing Contracts. One contractual provision that comes to my mind is Force Majeure. Force Majeure is a clause which enables a party to [...]
PLEA OF ADVERSE POSSESSION IN INDIA: SWORD AS WELL AS SHEILD
HISTORICAL BACKGROUND The concept of adverse possession is historically an old concept of law, which is useful but often criticised concept on the ground that it protects and confers right upon wrongdoers. The concept of adverse possession appeared in the Code of Hammurabi Approximately 2000 years before Chirst Era. Law 30 contained a provision ‘If [...]
SCOPE OF JURISDICTION OF NCLT AS COMPARED TO DRT AND HIGH COURT AND OUSTER OF THEIR JURISDICTION
In the case of Embassy Property Developments (Private) Limited v. State of Karnataka and Others 2019 SCC OnLine SC 1542 (decided on December 3, 2019), the Supreme Court of India has outlined the scope of jurisdiction of NCLT and intervention by High Courts in cases of orders passed by National Company Law Tribunal (“NCLT”). Two seminal questions of [...]
