Searching Content indexed under Court Procedure by LexOrbis ordered by Published Date Descending.
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Law Respects Possession –Understanding The Concept Of Adverse Possession
In India, persons are not permitted to take forcible possession.
12 Sep 2019
No ‘Mini Trial' At Interim Injunction Stage
The division bench of Delhi High Court, in its judgment dated 24 January 2019, upheld the single judge's order refusing interim injunctions against the use of similar designs of Crocs footwear.
9 May 2019
Shape Of A Bottle Under Trademark Scanner
What’s in a shape of a bottle! It may be a common rhetoric but certainly worth a lot when the shape of bottles is considered distinctive and forms an intrinsic part of the goodwill and reputation.
21 Nov 2012
The ‘Tarceva’ Patent Case
Roche vs. Cipla marks the end of the first phase of a key battle between big pharma and the Indian generic industry.
21 Nov 2012
Stay Of Proceeding In A Trademark Infringement Suit
Trademark battles on the Indian turf has already generated an impressive precedent of case laws but the fight over the letter mark "FT" between The Financial Times UK and Bennett Coleman & Co. Ltd (BCCL) is a story of its own.
21 Nov 2012
Is XEROX A Metonym For Photocopier?
The Intellectual property Appellate Board (the Board) says NO.
28 Sep 2012
Enercon Patent Litigation
Patent Litigation in India has grown considerably, especially in the pharmaceutical sector, since the amendment of the Patent Act in 2005.
21 Jul 2012
For Offences U/S 63, 67 And 68 Of Copyright Act, There Is A Limitation Of 3 Years U/S 468 (2) (C) Cr.P.C. For Taking Cognizance.
In the case of Roma Mitra,W/o Dr. (Prof.) N.R Mitra (Appellant/Petitioner) v State of Bihar and Dr. (Mrs) Supata Bhattacharya (Respondent/Complainant); the Petitioner under Section 482 of the Code of Criminal Procedure Code(CPC) prayed for quashing of an order passed by the Judicial Magistrate, who had taken cognizance of offence under Sections 63,67 & 68 of the Copyright Act and Section 120B of the Indian Penal Code (IPC).
30 Aug 2011
Whether An Appeal As Against An Order In The Review Petition Is Maintainable?--- An IPAB Decision
In the case of Sachdeva & Sons Industries Pvt. Ltd v Deputy Registrar of Trademarks, a miscellaneous petition was filed by the Respondent No.2/Petitioner, under Order 47 Rule 7(1) of the Civil Procedure Code(CPC) read with Section 161 of the CPC, seeking for dismissal of the appeal (filed by Sachdeva & Sons Industries Pvt. Ltd [appellant/respondent]).
20 Aug 2011
The Delhi High Court Finds No Reason To Interfere With Decisions Of The IPAB And The Deputy Registrar Of Trademarks
The case of Champagne Moet and Chandon vs. Union of India & Ors .was an appeal by Champagne Moet (Petitioner), against an order passed by the Intellectual Property Appellate Board (IPAB) which dismissed Champagne Moet’s appeal against an order passed by the Deputy Registrar of Trademarks (DR).
17 Aug 2011
Karnataka High Court Finds The Grant Of Injunction By Trial Court Without Reasons
"Ravishankar, Director and CEO Anantara Hospitality Pvt. Ltd. and Anantara Hospitality Pvt Ltd (Appellant) v. M and H Management Ltd, Minor International Public Co. Ltd" (Respondent) was an appeal by Ravishankar before the High Court of Karnataka against an ex parte ad injunction granted by the trial court restraining the use of the domain name "" as a trade mark/corporate name on demonstration that there was passing off action as the logo used was similar and identical to the R
26 Jul 2011
Colortek’s Advertisement Found Not Disparaging- Delhi High Court.
In Dabur India Ltd (Appellant) v Colortek Meghalaya Pvt.Ltd & Anr (Respondents) the question before the Delhi High Court was whether the advertisement/commercial broadcast by Colortek disparaged the product of Dabur. Both Dabur and Colortek manufacture, among other things, a mosquito repellant cream under their respective brand names "Odomos and Odomos Naturals" and "Good Knight Naturals".
1 Jul 2011
Who Is An Aggrieved Person? The Intellectual Property Appellate Board Answers
In the case of Okasa Pharma Pvt. Ltd v Win- Medicare Limited, the issues before the Intellectual Property Appellate Board (IPAB) were two-fold.
17 Jun 2011
Calcutta High Court Finds "NIHAL" Visually And Phonetically Similar To "NIHAR"
The Calcutta High Court in the case of Marico Limited (Appellant) v. J.K. & Ors (Respondents) held that Marico’s case against J.K for use of the "NIHAL" mark with respect to coconut oil was a clear prima facie one and as such the court granted an injunction restraining J.K. from using the word "NIHAL", or any other mark deceptively similar to Marico’s "NIHAR" mark.
17 Jun 2011
Delhi High Court Decides On The Applicability Of The Doctrine Of Election To Patents.
This case deals with the applicability of the ‘Doctrine of Election’ to Patents. As a rule, in law, one is not allowed to invoke two parallel remedies in a matter.
7 Jun 2011
Jurisdiction in Question in Deciding Dispute Involving ‘DOLAREN’ and ‘BOLAREN’
Jurisdiction is a primarily a subject matter covered under the Civil procedure Code, 1908. The issue however, came up for deliberation in Lark Laboratories Ltd vs Nabros Pharma Pvt Ltd 2010 (42) PTC 675 (Guj).
10 Aug 2010
Dabur´s Design Contest In Hair Oil Packaging
Aggrieved by the dismissal of an application filed under Order 39 Rules 1 and 2 CPC, Dabur India Limited filed an appeal to the decision of the Ld. Single Judge of the Delhi High Court, in Dabur India Ltd. v. Amit Jain & Anr. {2009 (39) PTC 104 (Del.)}. Dabur claiming to be the fourth largest fast moving consumer goods (FMCG) company in India, and that they were in trade since 1884, filed this appeal in pursuance to the design registration in the packaging of its hair oil for the bottle and cap.
2 Apr 2009
Field Marshall: SC Clarifies On Removal From Register And Grounds On Non-Use
The provision on Removal from register and imposition of limitations on ground of non-use came up for clarification before the Supreme Court of India in "Thukral Mechanical Works v. P.M. Diesels Pvt. Ltd & Anr." [2009 (39) PTC 193].
20 Mar 2009
“BUDDHA-BAR”: A Debate On Transborder Reputation
Transborder reputation has been a matter of dispute, largely elucidated and deliberated upon in the law of trademarks. The principle however finds itself extrapolated to other realms of intellectual property disputes as well.
4 Mar 2009
Copyrightability "Ipso Facto" If Devoid Of A Doubt As To Work Having Been Copied
The Copyright Board, the pertinent forum to answer appeals filed under the Copyright Act, 1957 as per Section 72(1) of the Act, was witness to proceedings against the order of the Registrar of Copyrights.
27 Oct 2008
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