M/s. Jagdamba Impex v. Tristar Products Pvt. Ltd.; 05.05.2014; FAO 128 and 129 of 2014 before the Delhi High Court Plaintiff developed a teeth cutting machine. The machine was based on Industrial Drawing and the Plaintiff was the owner of the said artistic work. The Plaintiff was making commercial use of the said drawings by…
Case History: Prior to the 46th Amendment of the Indian Constitution, composite contracts such as works contracts, hire-purchase contacts and catering contracts were not assessable as contracts for sale of goods. The locus classicus holding the field was State of Madras v. Gannon Dunkerley & Co. 9 STC 353 (SC). The classic concept of sale was…
Super Cassettes Industries Ltd. Vs. Nirulas Corner House (P) Ltd. 2008 (37) PTC 237 (Del) Plaintiff was a copyright holder of certain literary and musical works, sound recordings, music videos and cinematograph films. Defendant was engaged in the business of hotels. The Plaintiff found that few audio clippings of songs in which the Plaintiff owned…
Bloomberg Finance LP v. Prafull Saklecha & Ors. CS(OS) No. 2963 of 2012 Before the Hon’ble High Court of Delhi at New Delhi Decided on: 11th October, 2013 Facts The Plaintiff a multinational financial news corporation was founded in 1982. Plaintiff operated in India through it’s subsidiary/associate Co. in New Delhi. Plaintiff’s ‘Bloomberg’ Trademark was…
CASE LIST It is the assignment of trade mark that creates rights in favour of the assignee and not the registration of assignment as contemplated in Section 45 of the Trade Marks Act, 1999. If the application for getting transferred the registered trademark in the office of the Registrar is pending, that does not debar…
A Admitted Debt u/s 433(3) of Companies Act, 1956 Alternative Remedy to be initiated before invoking just and equitable clause u/s 433 (f) B Bona fide dispute C Commercial Insolvency Creditor’s Objection to Winding Up Composite petitions under Sections 397, 398 and 433(f) D Dissolution of Partnership and Deadlock as grounds for Winding Up under Section…