In exercise of the powers conferred by Section 159 of the Patents Act, 1970, the Central Government has on 19th October, 2020 amended the Patents Rules, 2003 vide the Patents (Amendment) Rules 2020. The key changes to the Patents Rules, 2003 by the Patents (Amendment) Rules 2020 are: 1. Rule 21 which deals with the ‘Filing…
2018 (74) PTC 229 (Del) Brief facts: Plaintiff, was a well-known designer, marketer, and seller of wide and varied fashionable clothing collection and ancillary product and services for women, men, teenagers, and children. To firmly and formally establish its presence in India, Plaintiff No. 1 claimed to have incorporated its subsidiary H & M Hennes…
2019 (77) PTC 1 (Del) Brief Facts The present suit sought for the reliefs of infringement of design and a decree for injunction against passing off. By an order dated 02.05.2017, the Learned Single Judge referred the following question to a Five judge bench of the Hon’ble High Court of Delhi: “whether the decision in…
366 1996 SCALE (5) 267 Brief Facts: Respondent was engaged in the business of manufacturing cigarettes under the brand name “Charminar”. Respondent obtained the registration of the said trade mark in respect of manufacturing tobacco in class 34. Respondent since its incorporation was engaged only in the manufacturing of cigarettes. Appellant was in the manufacturing…
Movie: A Few Good Men Starring: Tom Cruise, Jack Nicholson, Demi Moore, Wolfgang Bodison, James Marshall Director: Rob Reiner Year of release: 1992 Introduction A Few Good Men is an American legal drama film. It was adapted for the screen by Aaron Sorkin from his 1989 play of the same name and includes contributions by…
T. V. Venugopal v. Ushodaya Enterprises Ltd. & Anr. (2011) 4 SCC 85 Brief Facts: Ashika Incense Incorporated, a sole proprietor firm of Appellant was established in 1988 at Bangalore dealing in the manufacturing and selling of the incense stick. Appellant in the year 1993 had honestly and bona fidely adopted the trademark “Eenadu” which…
Nandhini Deluxe v. Karnataka Cooperative Milk Producers Federation Limited 2018 (75) PTC 209 (SC) Brief Facts: Respondent, was using the trademark ‘NANDINI’ for milk and milk products from the year 1985. The Respondent had also registered the said mark in Classes 29 and 30. The Appellant adopted the mark ‘NANDHINI’ in 1989 and had a restaurant…
Movie: Pink Starring: Amitabh Bachchan, Taapsee Pannu, Kriti Kulhari, Andrea Tariang, Angad Bedi, Piyush Mishra, Vijay Varma Director: Aniruddha Roy Chowdhury Year of release: 2016 Introduction Pink is a powerful statement on the existing patriarchal mindset of a majority of India, where men and women are judged by a different yardstick. Minal Arora (Taapsee Pannu),…
SEASON 1 EPISODE 3 – 27th September, 2020 “Aur Jahaan Tak Mhaari Beti Ka Sawaal Hai Wo To Trueford University Jaakar Rahegi, Nahi To Main Ghasiteram Todarmal Ko Par-Poto Nahi” – Champak Bansal, Angrezi Medium Introduction The above quoted dialogue could be loosely translated as “And so far as my daughter is concerned, she will…
In our last post on the subject ‘The Rise and Fall of Super-Injunctions’, we had covered part I of the Article titled ‘The Rise and Fall of Super-Injunctions: Part I’. The said part contained the concept of super injunction and the origin of the same. The same is accessible here. This part contains issues and conflicts…
“Justice must not only be done but must also be seen to be done”. Dictum by- Lord Hewart[1] In this article, we will deal with an interesting remedy called Super-Injunctions. The Article will be posted in two parts. Part One would be dealing with the concept of super injunction and the origin of the same….
2008 (37) PTC 1 (SC) Brief Facts: Respondent, had registered their designs for diamond shaped glass sheets under the Designs Act, 2000. The Respondent therefore acquired the sole right to manufacture and market the glass sheets in the design that was registered in its name. The designs that were formed on the glass sheets were…