Intellectual Property Rights | Passing Off | Trade Mark

H & M Hennes & Mauritz Ab & Anr. v. HM Megabrands Pvt. Ltd. & Ors.

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…

Banking Law

Mr.Ramanbhai Mathurbhai Patel vs. State of Maharashtra & Anr.

Well, you read the Dashrath Rupsingh Case of Supreme Court on territorial jurisdiction in cheque bouncing case . Now read the summary of this Bombay High Court’s judgment delivered on August 25, 2014 which held that all the cases of cheque bouncing, where the cheque was payable at all branches of the bank, can be filed in the court within whose local jurisdiction the nearest available branch of Drawer’s bank was situated.

Banking Law

DASHRATH RUPSINGH RATHORE Vs. STATE OF MAHARASHTRA

Citation: MANU/SC/0655/2014 Decided On: August 1, 2014 Key Words: Territorial Jurisdiction, Section 138, Negotiable Instruments Act, Dishonour of Cheque, Cheque Bouncing Issue: Court’s territorial jurisdiction regarding criminal complaints for dishonour of cheque under the Negotiable Instruments Act (“Act“). Significance: The present case strikes a discordant note on certain aspects of territorial jurisdiction which have for long been considered settled by earlier decisions…

Arbitration Law | Procedural

M/s Swastik Gases Pvt. Ltd Vs. Indian Oil Corp. Ltd.

SUPREME COURT ON APPLICATION OF EXCLUSIVE JURISDICTION CLAUSES M/S Swastik Gases Pvt.Ltd vs Indian Oil Corp.Ltd[1] (2013) 9 SCC 32 Facts Respondents, Indian Oil Corporation (IOC) and IBP Ltd, (collectively “the Company“), was engaged in the business of storage, distribution of petroleum products and other related products. Appellant, M/s. Swastik Gases Private Limited, dealt in…

Intellectual Property Rights | Trade Mark

LT FOODS LIMITED v. HERITAGE FOODS (INDIA) LIMITED

LT FOODS LIMITED v. HERITAGE FOODS (INDIA) LIMITED CS(OS) No. 1188 of 2011 before the Hon’ble High Court of Delhi at New Delhi Decided on: 20.11.2013 The Plaintiff filed a suit against the Defendant for permanent injunction seeking restraining orders towards infringement and passing off of it’s trade mark HERITAGE. The Defendant was a registered proprietor…

Intellectual Property Rights | Trade Mark

World Wrestling Entertainment Inc. v. M/s. Reshma Collection

World Wrestling Entertainment Inc. v. M/s. Reshma Collection Before the Hon’ble High Court of Delhi at New Delhi CS(OS) No. 1801/2013 Decided on: 04.10.2013 Plaintiff filed a suit seeking permanent injunction restraining infringement of Copyright, Infringement of Trade Mark, Passing Off, Dilution, Rendition of Accounts, Damages, etc in respect of their Trade MArks ‘WWE Scratch…