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Granting an injunction (including ex-parte) is a discretionary power of the court. Section 135(2) of The Trade Mark Act, 1999 says that order of injunction may include ex-parte injunction. Now, if Section 135(2) is read with section 29(3) of The Trade Mark Act, 1999. Section 29(3) says that the court shall pressure that it is …

When injunction should be granted in trade mark infringement and passing off cases: Read More »

In the case of Renaissance Hotel Holdings Inc versus B.Vijaya Sai  and others on 19th January 2022 Hon’ble Supreme Court  has reiterated the principle let down by it 52 years back in the case of Ruston & Hornsby Limited vs Zamindara Engineering Co.  and Hornsbury limited reported in AIR 1970 SC 1649 para no.7 wherein …

Principle laid down 52 years back is reiterated by SC: Read More »

On 17th August 2022, Hon’ble Supreme Court delivered one judgement in the case of M/S. PATIL AUTOMATION PRIVATE LIMITED AND ORS. – APPELLANT(S) VERSUS RAKHEJA ENGINEERS PRIVATE LIMITED – RESPONDENT(S) wherein the issue is in respect of section 12A of commercial courts act 2015(Hereinafter referred as the Act). Whether statutory pre-litigation mediation as mentioned in …

Section 12A of the Commercial Courts Act, 2015 Read More »

The issue involved in this article is in respect of infringing copies to be handed over for the lawful custody. The question is to whom the custody of infringing copies, after the police seize them, should be given, whether it is given to the accused or to the owner of Copyright in case of infringement …

Delivery of Infringing Copies in Copyright Case Read More »