Legal InsightsIntellectual property law is the rising sun of India. Churping of birds attract the human attention in morning, like wise, issue of Jurisdiction in IP cases attract the attention of legal fraternity.The issue of…
Legal InsightsLet me begin this article by way of giving an illustration.Mr. A is a plaintiff who is a registered proprietor of a trademark X and Mr. B is a defendant who is also a registered proprietor of a trademark X1. Both Mr. A…
Legal InsightsThere is a slap on the face of infringers who are using the trademark AMUL with or without knowledge by way of the judgement delivered by Honb'le Kolkata High Court on 1st September,2022 in the case of Kaira…
Legal InsightsThe history of our nation witnesses that khadi has made revolution in the era of renaissance in our country. ‘Khadi’ became an epitome of the nation at that time.Once again ‘Khadi’ is in the news in the field of…
Legal InsightsOn 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…
Legal Insights 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…
Legal InsightsGranting 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…
Legal Insights I am told to write an article or to make a blog on the topic, titling, “whether an absconder is entitled for anticipatory or regular bail? “Hence, this article / blog. So first of all, it is required…
Legal InsightsSection 29(4) of the Trademarks Act,1999 (in short the Act) is nectar for the plaintiff in the suit for infringement of a trademark. The beauty of the provision of S.29(4) is enchanting to the logic and reason. It…
Legal InsightsThis article is based on hard practical realities being prevailed in the courts of Justice in the interest of Justice. The age of case is longer than that of period of generation in our country due to the ' in the…
Legal InsightsOne fine morning, my very good friend Advocate Pratik Chaudhari discussed with me various provisions of The Gujarat Public Trust Act, 1950 ( herein after referred as the Act). One interesting point discussed…
Legal InsightsInvolving in a case of adverse possession inspires me to write this article. Latin maxim 'Nullum tempus occurrit regi ( no time runs against the King) is the root of the doctrine of adverse possession. Adverse…
Legal InsightsThis article is based on the provisions of Section 55 of The Gujarat Public Trusts Act, 1950 ( herein after referred as the Act). I make an attempt to elaborate and interpret the said section in this article as under.…
Legal InsightsThis article revolves round the provisions of section 36 of The Gujarat Public Trusts Act, 1950. Section 36 plays very important role so far as the immovable property of the Public Trust is concerned. Let me…
Legal InsightsAs a lawyer, it becomes routine to come across the issue pertaining to a fact that a suit is 'barred by law'. An issue involved in this article is whether a suit for cancellation of any…
Legal InsightsThe 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,…
Legal InsightsAs an IP lawyer, while reading a recent judgement of Hon'ble Delhi High Court in a case of Apollo Manufacturing Co. Vs. Anil Moolchandani reported in 2017 (72) PTC 253 [DEL], an interesting issue in respect of…
Legal InsightsAs an IP lawyer, while reading, I have come across one very recent interesting case of U.S. Court. The issue involved in this case reached to U.S. Supreme Court., has been argued out and is pending for decision. I…
Legal InsightsAs an IP lawyer, let me write something on a burning issue related to an applicability Section 15 of the Copyright Act, 1957 ( herein after referred as the Act for short) to an original artistic work of…
Legal InsightsAs an IP lawyer I am handling one of the cases which is related to infringement of copy right. The issue of that case is whether the plaintiff is entitled to be protected under the provisions of Copyright Act, 1957. The…
Legal InsightsAs an IP Lawyer, I become a witness of many IP battles in the battlefield i.e. court of law. One of the battles is in respect of permitted user of the trade mark. Let me discuss it by way of writing this blog. The issue…
Legal InsightsAs an IP lawyer I believe that awareness must be spread in respect of intellectual property laws. This article is a part of knowledge sharing activity with regard to…
Legal InsightsAs an IP lawyer I have come across an issue pertaining to transfer of a suit of groundless thereat under section 23 of the Designs Act, 2000 from District Court to High Court which stimulates me to write this blog. The…
Legal InsightsAs a lawyer, let me share something regarding personal liberty of under trial accused vs. public interest and fair trial in respect of bail in this article. Personal liberty is undoubtedly a right…
Legal InsightsAs a lawyer, it is also my duty towards society at large to spread awareness in society in respect of anticipatory Bail against filing of false criminal complaints under section 3 of the SC & ST (Prevention of…
Legal InsightsAs an IP lawyer while reading one judgment, I inspire myself to write this article in respect of a subject that whether a title of a book can be registered as a trademark. The basic information pertaining for getting a…
Legal InsightsAs an IP Lawyer, I am thinking to write something on sound Trademark. First of all it is correct to say that everyone is familiar with the words 'sound' and 'Trademark' in their individual capacity of word. The origin…
Legal InsightsAs an IP lawyer, let it be informed that when a trade mark is not in use, no remedy is available for protection of that trademark on the ground of non use of it. In fact if it is proved that registered trademark is not…
Legal InsightsAs an IP lawyer, I have gone through 'The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015( herein after referred as Commercial Courts Act in short) and I find an…
Legal InsightsAs an IP lawyer, I always think about the remedies available under the umbrella of statutes and common law and whether common law remedy should prevail over statutory remedy in respect of the rights of Intellectual…
Legal InsightsAs an IP lawyer, I am thinking up to what extend information related to intellectual property rights(IPR) becomes 'information' to be provided under the provisions of Right to Information Act,2005( herein after referred…
Legal InsightsThere are several special laws covered under the umbrella of Intellectual property laws. These laws are trademarks, copy rights, patents, design, geographical indications of goods, protection of plant varieties and…
Legal InsightsAs an IP lawyer, I must appreciate the welcoming step taken by the Indian Parliament for enacting an Act 'THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ACT, 2015'(herein…
Legal InsightsAs an IP lawyer, I have found many ambiguities in Indian Trade marks Act, 1999 and the Designs Act, 2000. For instance, shape of goods which is mentioned in the definition of 'mark' under section 2(1)…