Category: Legal Issues

Protection of Celebrity Rights/ Personality Rights in India

The Delhi High Court recently passed an order of injunction against Zee Media from using the TV personality Rajat Sharma’s name in any of its advertisements, whether electronic or print. The Court also asked Zee to remove all hoardings bearing Sharma’s name. Thus, by passing such an order, the Court upheld celebrity rights in the … Continue reading Protection of Celebrity Rights/ Personality Rights in India

Read more »

Case Comment on Hon’ ble NCLT Mumbai Bench Holding – ” Claims towards rent do not qualify as Operational Debt under IBC”

The Hon’ble National Company Law Tribunal or NCLT (Mumbai) Bench  in M/S Citicare Super Speciality Hospital vs. Vighnaharta Health Visionaries Pvt. Ltd.[1] has held that claims towards outstanding rent do not qualify as “ Operational Debt” as defined under Insolvency and Bankruptcy Code, 2016 ( IBC) and therefore the petition is not maintainable under Section 9 of … Continue reading Case Comment on Hon’ ble NCLT Mumbai Bench Holding – ” Claims towards rent do not qualify as Operational Debt under IBC”

Read more »

Horlicks Ltd. v. Heinz India: Delhi High Court held that comparative advertising by use of Competitor’s mark allowed

In a recent judgment dated 17th December, 2018 the Delhi High Court has ruled that the law allows comparative advertising as long as the use of competitor’s mark is honest. Facts of the Case[1]: The suit in question was filed by the plaintiff for permanent injunction against advertisement when he discovered in the newspaper “The … Continue reading Horlicks Ltd. v. Heinz India: Delhi High Court held that comparative advertising by use of Competitor’s mark allowed

Read more »

A Closer Look At Tea Board, India V. ITC Limited Dispute

Introduction Shahi Litchi of Bihar, Mysore Silk, Coorg Orange, Kashmiri Pashmina, Mizo Chilli among many others have one thing in common i.e. their quality, production and reputation is firmly attached to a particular geographical location. Property Rights are granted to products of such nature due to the fact that they are produced in a specific … Continue reading A Closer Look At Tea Board, India V. ITC Limited Dispute

Read more »

Xperi and Samsung settlement along with a new Patent license agreement with Samsung

Introduction US-based semiconductor company Xperi Technologies had sued Samsung Electronics on the grounds that the South Korean tech conglomerate made unlawful usage of 24 patented technologies owned by the Xperi company. According to earlier reports, the allegedly infringed patents comprise a extensive variety of semiconductor processing, bonding, and packaging technologies which had been used by … Continue reading Xperi and Samsung settlement along with a new Patent license agreement with Samsung

Read more »

Trademark Infringement: Officer’s Choice Vs. Fauji

About Officer’s Choice Officer’s Choice commonly known as ‘OC’, is an Indian whisky brand which is owned by Allied Blenders & Distillers (ABD). It is considered to be one of the largest spirit brands in the world. In 2015 Officer’s Choice overtook Smirnoff vodka to become the world’s largest selling spirit brand. In the year of 2014, this Brand sold 28.4 … Continue reading Trademark Infringement: Officer’s Choice Vs. Fauji

Read more »

Deceptive Similarity and Judicial View

Trademarks play a vital role in creating a brand name and goodwill of any business. Not only does it helps in creating a brand value but also, aids in revenue generation. Being of such vital importance, trademark is vulnerable to getting infringed and/or misused. One such way of trademark is making “deceptively similar” trademarks. “Deceptively … Continue reading Deceptive Similarity and Judicial View

Read more »

Patentability of Genetically Modified Plant Breeds: The Monsanto Conclusion

On January 08, 2019, the Supreme Court of India, in the matter of Monsanto Technology LLC v. Nuziveedu Seeds Ltd.[1] held that genetically modified cotton seeds were patentable, and allowed U.S. company Monsanto to file their patent claims. The bench, comprising of Justice Rohinton Fali Nariman and Justice Navin Sinha, set aside the order of the Division … Continue reading Patentability of Genetically Modified Plant Breeds: The Monsanto Conclusion

Read more »

United States District Court for the District of New Jersey invalidates all asserted claims of US Patent No. 8822438 for prostate cancer drug Zytiga (Abiraterone Acetate)

US healthcare giant Johnson & Johnson (J&J) on Oct. 26, 2018 announced that the District Court of New Jersey has issued a ruling that invalidates all the claims of J&J subsidiary Janssen’s US Patent No. 8,822,438 for the prostate cancer drug Zytiga® (abiraterone acetate). The patent challenge was brought by generic drug makers who had … Continue reading United States District Court for the District of New Jersey invalidates all asserted claims of US Patent No. 8822438 for prostate cancer drug Zytiga (Abiraterone Acetate)

Read more »

Apple Fights Qualcomm Patents With 5G And National Security Claims

Apple and Qualcomm’s long battle over patent licensing fees has taken a surprising turn due to 5G and national security concerns.  The International Trade Commission hearing in Washington, D.C may block the import of certain iPhones that allegedly to violate Qualcomm patents. A very peculiar claim by Apple says that banning iPhones made with patent-infringing … Continue reading Apple Fights Qualcomm Patents With 5G And National Security Claims

Read more »