SEASON 1 EPISODE 2 – 26th July, 2020 STARTER In the 2012 film ‘Luv Shuv Tey Chicken Khurana’, a character named ‘Omi’ (living in London) under debt informs his creditor that he will clear the loan imposed upon him as his grandfather has a renowned restaurant in Punjab by the name ‘Chicken Khurana’. However, when…
M/s. Arudra Engineering Private Limited v. M/s. Patanjali Ayurved Limited Date of Order: 17th July, 2020 in O.A. No. 258 of 2020 in C.S.No.163 of 2020 In the High Court of Madras The present post covers the ex-parte order passed by the High Court of Madras on the application for Interim Relief filed by the…
Monsanto Holdings Pvt. Ltd. & Ors. v. Competition Commission of India & Ors. Date of decision: 20th May, 2020 in W.P. (C) No. 1776/2016 and W.P.(C) No. 3556/2017 by the Hon’ble High Court of Delhi at New Delhi Brief Facts: Petitioners, had developed an advance technology of manufacturing Bt. Cotton seeds which they licensed and…
ITC Limited v. Nestle India Ltd. Decided on: 10.06.2020 In the High Court of Madras On 10th June, 2020, the Hon’ble High Court of Madras provided a final decision on the suit for passing off filed by ITC Limited (hereinafter ‘ITC’) against Nestle India Limited (hereinafter ‘Nestle’) over latter’s use of the mark ‘MAGICAL MASALA’….
Kent RO Systems Ltd. and Ors. v. Amit Kotak and Ors. 2017 (69) PTC 551 (Del) In this case, Plaintiff wanted the Hon’ble Court to hold that once the Plaintiff has lodged a Complaint before the Defendant No. 2 (Intermediary under the IT Act, 2000) with respect to the offending prouduct of the sellers, the…
Recently, the Supreme Court of United States held that marks which are generic when combined with a top-level domain name may qualify as registrable marks provided the consumers do not consider them to be generic. The decision is in USPTO v. Booking.com B.V. By an 8: 1 majority the matter has been decided against USPTO….
Midler v Ford Motor Co. & Others (1988) 849 F.2d 460 (9th Cir) The Defendant launched an advertising campaign which was meant to create nostalgic moments through the use of famous songs of past decade. When the original artists of those songs did not agree to those commercials, Defendant hired impersonators to sing the original…
Edison v. Edison Polyform Mfg. Co. 67 A. 392 (N.J. Ch. 1907) In the present case, the Plaintiff was the inventor of electrical instruments and processes and had a huge reputation. He once made a medication for neuralgic pains. Some individuals purchased the rights to the formulation of that medicine for US$ 5000. On November…
Carson v. Here’s Johnny Portable Toilets, Inc. 968 F2D 831 6 circuit 1983 An interesting issue arose before the United States Court of Appeal for Sixth Circuit. The Plaintiff was the host and star of a show called ‘The Tonight Show’ and was also an entertainer. Since 1962, the Plaintiff was introduced on the show…
Recently, the Supreme Court of United States held that marks which are generic when combined with a top-level domain name may qualify as registrable marks provided the consumers do not consider them to be generic. The decision is in USPTO v. Booking.com B.V.. By an 8: 1 majority the matter has been decided against USPTO….
Phoolan Devi v. Shekhar Kapoor and Ors. 57 (1995) DLT 154, 1995 (32) DRJ 142 BRIEF FACTS: Plaintiff entered into a Contract with Defendant No. 5 to grant Defendant No. 5 sole and exclusive right to make a cinematograph film on her writings (based on Indian banditry and on her life). It was also agreed…
Shilpa S. Shetty v. Magna Publications Co. Ltd. & Ors. AIR 2001 Bom 176 Brief Facts: Plaintiff was a film actress. Defendant No.1 was a publishing house. Defendant No. 2, director of the Defendant No.1 and Defendant No. 3 editor of a Film Journal published by Defendant No. 1 titled “Stardust”. Defendant No 4 was…