IPR

Supreme Court Refuses to lift Stay on Movie ‘Jhund’ The Supreme Court in CMA.No.357 and 358 of 2020 has refused to lift stay on the movie ‘Jhund’. The litigation was initiated by filmmaker Nandi Chinni Kumar (“Plaintiff”), who claimed that he had purchased the right to make a movie about...

The Delhi High Court in a recent defamation suit granted an ad-interim relief to ‘WhiteHat Jr’ against Pradeep Poonia for indulging in defamation, infringement of trademark and tarnishing the name of ‘WhiteHat Jr’. ‘WhiteHat Jr’ is a trademark of Whitehat Education Technology Private Lim...

In May 2020, one of the Delhivery Private Limited`s (“Plaintiff”) employee noticed the use of the impugned mark DELIVER-E on the boxed E-rickshaws at Chhatarpur and Dwarka (areas in New Delhi). The Plaintiff claimed using the trademark ‘DELHIVERY’ since the year 2011 for its logistics and tr...

Whether bona fide use of someone’s surname as part of a trademark can be considered as a trademark infringement? The exception was recently dealt with by the High Court of Delhi in Mr. Anil Rathi (“Plaintiff”) vs Shri Sharma Steeltech (India) Pvt. Ltd (“Defendant”) CS (COMM) 654/2019. The ...

Trademark infringement is an unauthorized use of a trademark or service mark which is likely to cause confusion, deception or misunderstanding about the source of the goods and/or services. Patanjali Ayurved Limited (PAL) had launched a product named ‘Coronil Tablet’ holding out that it ...

With an intent to revive the demand in the realty sector, the government of Maharashtra reduced the rate of stamp duty on registration of property. This has resulted into a significant reduction/discount on the actual purchase price of property in Maharashtra and is welcomed by the buyers. In additi...

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The Central Government1 introduced the Consumer Protection (E-commerce) Rules, 2020 (“Rules”) simultaneously with the notification effectuating the Consumer Protection Act, 2019 (“Act”) effective from July 23, 2020. Rules defines E-commerce entity to mean any person who owns, operates or man...

The Designs Act, 2000, Section 2(d) of the Act, defines Design to mean the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manua...

The concept of “deceptive similarity” has been widely recognised as a ground for trademark infringement under various trademark regimes. In Indian legal system as well, “deceptive similarity” is considered as a ground for not granting the registration of the trademark to an applicant by the ...