Product Configuration Trade Dress

Plaintiffs are manufacturers of containers, used to store food products, sold under the brand name ’Tupperware’. Defendant is also a manufacturer of containers, used for storage of food products, sold under the brand name ‘Signoraware’. Plaintiffs have brought this action seeking remedies in respect of Plaintiffs’ Suit Products [MM Square, Best Lunch Bag and Spice […]

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Honourable Acquittal V

Pramod applied for the post of a Police Constable. He disclosed, he had been tried for an offence under Section 498A, IPC. As he was involved in a criminal case earlier, though acquitted, his candidature was rejected.   As such there was no suppression. Pramod was acquitted 7 years before he applied for the post […]

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Consent, March 2007

Omkar is a teacher in a Government school. Vimala was a student reading in said school. Vimala alleged, Omkar had sexual intercourse with her on putting her to fear, she would be failed. She was studying in Class VII for 3 years. Trial Judge found her to be more than 18 years. Whereas under Section […]

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Dhola Maaru v. Dhola Tharu

Pfizer Products Inc. v. Rajesh Chopra, 2006 SCC OnLine Del observed, threat of selling offending goods in Delhi would itself confer jurisdiction to Courts in Delhi to entertain a suit claiming injunction. Exphar SA v. Eupharma Laboratories Ltd., (2004) 3 SCC 688 held, where an issue of territorial jurisdiction is raised, plaints need to be […]

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The Case of Mr. Amitabh Bachchan

Amitabh Bachchan alleges violation of his ‘publicity rights as a celebrity’ as has also been recognized by this Court in Titan Industries Ltd. v. Ramkumar Jewellers, 2012 SCC OnLine Del 2382. It cannot seriously be disputed, Amitabh Bachchan is a well-known personality and is also represented in various advertisements. Amitabh Bachchan is aggrieved by unauthorized […]

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The Revival of Ray LXXXIX

Manish Kumar v. Union of India, (2021) 5 SCC 1 has exhaustively referred to case law, on reasonable classification under Article 14, to observe, Article 14 frowns upon what constitutes hostile discrimination but does not bar classification which is reasonable. To answer whether a classification is reasonable, one must look beyond the classification to the […]

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Family of Marks

Sun Pharmaceutical Industries Ltd., subsequent proprietor of the trade mark ‘FORZEST’, prayed for grant of an ad-interim injunction restraining DWD Pharmaceuticals Ltd. from using the mark ‘FOLZEST’. DWD Pharmaceuticals asserted, Sun Pharmaceutical obtained above ad-interim ex-parte injunction by concealing various material facts. DWD Pharmaceuticals is a registered proprietor of ‘ZEST Family of Marks’ since 1983. […]

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Indira Jaising

October, 1980 – Abdul Rahman Antulay set up Indira Gandhi Pratibha Pratisthan Trust which had Respondent Nos. 2 and 3 as Trustees. It was a prayer, Court should issue a Writ of Quo Warranto declaring Respondents Nos. 2 and 3 disqualified from continuing to hold office.   _____ This constitutional action stands in a class by […]

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Claim of Juvenility IV

The crime is heinous. Its execution was vicious and cruel, by any stretch of imagination. The entire crime was calculated and ruthless. Our adjudication is restricted to, whether Shubam Sangra was a juvenile on date of commission of offence. The ratio discernible is, credibility and acceptability of documents would depend on facts and circumstances. We […]

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Contract of Agency

The ambit of a contract of agency has been elaborated upon lucidly by this Court on various occasions. As averted to in Lakshminarayan Ram Gopal & Son Ltd. v. Government of Hyderabad, (1955) 1 SCR 393 a contract of agency does not entail control over minutiae of agent’s actions. Such a level of oversight would […]

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The Doctrine of Blue Pencil

An insurance contract by its very nature mandates disclosure of all ‘material facts’ by both parties. Manmohan Nanda v. United Insurance, (2022) 4 SCC 582 summarizes same. A contract meant to cover a shop situated in a basement had an exclusion clause which specified, the contract did not cover the basement. Tata AIG General Insurance […]

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Simplicity in Invention

Windsurfing International Inc. v. Tabur Marine Ltd., [1985] RPC 59; England and Wales Court of Appeals in Pozzoli Spa v. BDMO SA, [2006] EWHC 1398 (Ch); F Hoffmann-La Roche Ltd. v. Cipla Ltd., 2016 (65) PTC 1 (DEL); Bristol-Myers Squibb Holdings Ireland Unlimited Company v. BDR Pharmaceuticals International Pvt. Ltd., (2020) SCC OnLine Del 1700; […]

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Ethnic

Mumbai witnessed mob frenzy, violence, communal tension and riots from 06.12.1992 to 10.12.1992 and from 06.01.1993 to 20.01.1993. When citizens of Mumbai were about to breathe a sigh of relief, there were serial bomb blasts on 12.03.1993.   The meaning of ‘ethnic’ according to Merriam­-Webster Dictionary is, “of or relating to large groups of people […]

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Review of Death Penalty XXXII

Shatrughan Chauhan v. Union of India, (2014) 3 SCC 1 quoted in Ajay Kumar Pal v. Union of India, (2015) 2 SCC 478 had laid down, undue long delay in execution of Death Sentence would entitle prayer of commutation of Death Sentence to Life Imprisonment. First and foremost, time taken cannot be called or termed […]

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Contempt Jurisdiction X

Court convicted the contemnor for having committed civil and criminal contempt. It had become evident, the contemnor has, in his well-calculated and deliberate scheme of things, given assurances and undertakings to mislead Courts in India, including this Court, when he had no intention to comply or abide by any of his assurances. Acts would demonstrate, […]

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Fly High, Higher

Plaintiff’s grievance, pithily placed, is, Defendant has in a brazen and blatant manner copied Plaintiff’s registered trademark: ‘FLY HIGH’. Plaintiff has no exclusive right to use the word ‘HIGH’ which, as brought out by Defendant, is a fact concealed by Plaintiff. Defendant is right in stating, ‘FLY HIGHER’ is only used in conjunction with its […]

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