Compendium on Landmark Cases- Trademark
The Indian Trade Mark Jurisprudence has continued its rapid development, chalking out many important milestones. With an increase in the number of litigations, the India judiciary as made immense contribution to the trade mark ecosystem by way of many notable judgements and diversity of trade mark cases. This Compendium is an attempt to highlight the […]
India’s First Judgement on Standard Essential Patents
Introduction Our lives, nowadays, seem to revolve around devices; technological devices like computers, cell phones, more importantly smartphones using 3G/4G networks, and even the earphones and headphones and other music players through which we listen to music. For the proper functioning of the devices, they have to comply with certain standard. These standards may include […]
M/s. Sunwhite Infrastructure Pvt Ltd. V. Kindle Developers Pvt Ltd, CP No. 40 (ND)/17 (decided on 23.08.2017)
Facts The petition was filed by M/s Sunwhite Infrastructure Pvt Ltd (hereinafter referred to as “the petitioners”) against Kindle Developers Pvt Ltd (hereinafter referred to as “the respondents”) Sec 241[1] and Sec 242[2] of the Companies Act, 2013 alleging acts of mismanagement and oppression prejudicial to the interests of the company as well as the stakeholders. The […]
A Reminder for Online Retailers
Here’s one case that involves an online retailing businesses that is having a link with Trade mark Law – Jadebay Ltd and others v Clarke-Coles Ltd (t/a Feel Good UK) [2017] EWHC 1400 (IPEC). However, overlooking the customary practice of online retailing methods, the Intellectual Property Enterprise Court followed the theoretical root of the Trade […]
Power to review decisions or setting aside orders of the Controller [Indian Patents Act, 1970 Section 77 (f), (g)]
The Indian Patents Act, 1970, Section 77 gives the Controller of Patents the powers of a Civil Court to deal with a suit under the Code of Civil Procedure, 1908 for matters stated in Section 77 (1) Clause f and g of the Indian Patents Act, 1970 which reads as follows – “Section 77. Controller to have […]