Intellectual Property Rights | Trade Mark

Bhole Baba Milk Food Industries Ltd. v. Parul food Specialities Pvt. Ltd.

Bhole Baba Milk Food Industries Ltd. v. Parul food Specialities Pvt. Ltd. 2011 (48) PTC 235 (Del.) (DB) Appellant was the proprietor of a label mark ‘KRISHNA’ having pictorial reflection of Lord Krishna standing on a lotus flower for dairy products. Appellant was also the registered proprietor of the word ‘KRISHNA’ written in a unique…

Intellectual Property Rights | Patent | Uncategorized

Major (Retired) Sukesh Behl & Anr. v. Koninklijke Philips Electronics

Major (Retired) Sukesh Behl & Anr. v. Koninklijke Philips Electronics Before the High Court of Delhi at New Delhi FAO(OS) No. 16 of 2014 The present Appeal was filed by the Appellants as the Appellant’s application under Order XII Rule 6 of the Code of Civil Procedure, 1908 (Judgment on admission) was dismissed by the…

Intellectual Property Rights | Patent

Ranbaxy Laboratories Ltd. v. Novartis AG & Anr.

Ranbaxy Laboratories Ltd. v. Novartis AG & Anr. Before the High Court of Delhi at New Delhi Date of Decision: 18.10.2014 FAO(OS) No. 447 of 2014 Respondents had filed a suit for permanent injunction restraining the appellant from infringing Respondents’ Patent. The suit along with the application for interim relief came up for preliminary consideration…

Tax Law

DIT v. Copal Research Mauritius Limited, Moody’s Analytics, USA & Ors.

FACTS Copal Partners Ltd., Jersey (“CPL Jersey“), held 100% shares in Copal Research Ltd., Mauritius (“CRL Mauritius“). CRL Mauritius, in turn, held 100% of the shares in both, Copal Research India Pvt. Ltd., India (“CRIPL India“) and Copal Market Research Ltd., Mauritius (“CMRL Mauritius“). CMRL Mauritius, in turn, held 100% of the shares in Exevo…

Corporate Law

In Re: Mohan Exports India Ltd. vs. Tarun Overseas Pvt. Ltd.

In case the proposed scheme is bona fide and genuine and is not against public interest then mere fact that certain immovable properties or right to recover debts etc. are transferred to the transferee company would not mean that they are in violation of any provisions of the Transfer of Property Act. However, if such scheme is only with the ulterior motive to transfer the immovable properties without payment of Government or statutory dues, then the same would be against the public interest and the Court will not approve the scheme.

Corporate Law

IN RE Tecumseh Products India Private Ltd.

CITATION: 82 (1999) DLT 518 DECIDED on: 13.08.1999 FACTS In this case a Company Petition was filed by M/s. Tecumseh India Private Limited (“Transferee Company”) seeking amalgamation of M/s. Tecumseh Products India Limited (“Transferor Company”) with the Transferee Company. Both the Transferor and Transferee Company belonged to same group. The scheme of amalgamation provided that all…

Intellectual Property Rights | Trade Mark

Sun Pharmaceutical Industries Ltd. Vs. Anglo French Drugs and Industries Ltd.

Sun Pharmaceutical Industries Ltd. Vs. Anglo French Drugs and Industries Ltd. Decided on: 12.09.2014 In the High Court of Delhi Appellant, marketed Oxcarbazepine, an anticonvulsant and mood stabilizing drug used in the treatment of epilepsy and bipolar disorder under the trade mark OXETOL. Respondent adopted the trademark EXITOL for administering Lactitol. Appellant filed a suit…

Intellectual Property Rights | Patent

NOVARTIS AG AND ORS. v. RANBAXY LABORATORIES LTD.

NOVARTIS AG AND ORS. v. RANBAXY LABORATORIES LTD. 08.09.2014 In The High Court of Delhi Plaintiffs filed a suit against the Defendant towards infringement of it’s Patent being Patent No. 212815 for active pharmaceutical ingredient called Vildagliptin which treats Type 2 Diabetes Mellitus marketed as GALVUS and GALVUSMET. Plaintiffs’ Case: Defendant has included Plaintiffs’ patented…

Intellectual Property Rights | Trade Mark

Warner Bros. Entertainment Inc. and Anr. Vs. Harinder Kohli and Ors.

Warner Bros. Entertainment Inc. and Anr. Vs. Harinder Kohli and Ors. 155 (2008) DLT 56 Plaintiffs were registered proprietors for the word mark “HARRY POTTER”. Plaintiffs claimed that the movie “HARI PUTTAR” is an infringing variant of the trademark “HARRY POTTER”. Plaintiff’s Contentions: Defendants are passing off their film as that of the motion picture…

Tax Law

Zaheer Mauritius Vs. Director of Income Tax

WHAT IS COMPULSORILY CONVERTIBLE DEBENTURE (CCD)? A debenture indisputably creates and recognizes the existence of a debt and till it is discharged, either by payment or by conversion, the debenture would essentially represent a debt. A Compulsorily Convertible Debenture is a debt which is compulsorily liable to be discharged by conversion into equity. Any amount payable by the issuer…