IPR Newsletter: Delhivery Private Limited and Treasure Vase Ventures Private Limited-Nov 2020

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...
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LegaLogic Legasee – IPR News Letter: Anil Rathi v. Shri Sharma Steeltech – Rejection of Plea for usage of Surname in the course of Trade-October-2020

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 ...
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LegaLogic Legasee-IPR Newsletter: “Patanjali can’t use Coronil trademark”- Arudra Engineers Pvt. Ltd vs Patanjali Ayurved Ltd.-Sep-2020

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 ...
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Legasee – Corporate Laws Newsletter: Extension for holding Annual General Meetings–Sep 2020

In an attempt to provide relaxation to the various stakeholders in view of the COVID-19 outbreak and to promote ease of doing business, the Ministry of Corporate Affairs (MCA) has granted an extension of 3 (three) months to companies for holding their annual general meetings (AGM) for the financial ...
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Employment Law Newsletter: Certain Nuances of Provident Fund Regulations-Sep 2020

In the past year or so, we have seen important amendments to the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (“EPF Act”) and the various schemes formulated under it. These amendments brought about significant changes impacting employee-employer. 1. Interpretation of t...
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LegaLogic-Legasee Newsletter: E-Commerce Business and Consumer Protection-August 2020

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...
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LegaLogic Legasee–IPR Newsletter: Importance of Design Protection – August 2020

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...
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LegaLogic LEEGASEE-IPR Newsletter : BMW Vs DMW – Visually and phonetically similar trademark –June 2020

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 ...
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