Spare

Ask me about any space I’ve occupied – castle, cockpit, classroom, stateroom, bedroom, palace, garden, pub – and I’ll recreate it down to the carpet tacks. Is it genetics? Trauma? Whatever the cause, my memory is my memory, it does what it does, gathers and curates as it seems fit.  August 30, 1997. They tried, […]

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Comparative Advertising IV

Extolling of one’s positive features is permissible. However, denigration of a rival’s or a competitor’s product is completely impermissible. It would be reading too much into Santoor’s impugned advertisement, in my opinion, to extract from it anything derogatory or deprecating regarding Dettol. It does not even obliquely refer to moisturizing qualities, present or absent, of […]

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Principle of Parity III

In cases where illegible documents have been supplied, a grave prejudice is caused since no man can defend himself against an unknown threat. It has been brought to our notice, co-detenue, Neeraj Varshney, has already been granted relief on grounds of illegible Chinese documents. The principle of parity is squarely applicable. In cases of preventive […]

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Run, D.K. Bose

‘College Romance’, Season 01, Episode 05 titled ‘Happily Fucked Up’ was published and broadcasted on YouTube on 06.09.2018. Court found excessive use of ‘swear words’, ‘profane language’ and ‘vulgar expletives’. The words used cannot even be reproduced here. Depiction does not connote filming alone but conveying by a medium, which in this case is spoken […]

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Toy Pistol

Appellant, through Application No. 3757855, sought registration of ‘COCK’ word mark for ‘water and colour pistols, water and colour guns, water and colour sprayers, being toys included in Class 28’. The objection of Learned Senior Examiner predicated on registration granted to Chinna Nadar. Chinna Nadar’s mark is a composite device mark which includes words: ‘COCK […]

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Chhabirani

Only one Academy Award has ever been revoked in history of Oscars. ‘Young Americans’ won for Best Documentary in 1969. It was discovered, ‘Young Americans’ had played in a theater in October, 1967. Oscar was handed over to ‘Journey Into Self’.   _____ 03.10.1980 – Chhabirani was gang-raped… 23.04.2002 – We are satisfied, present case is a […]

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The Nature of Judicial Power: Hon’ble Justice B.V. Nagarathna

Tirath Ram Rajindra Nath, Lucknow v. State of U.P., AIR 1973 SC 405 held, there is a distinction between encroachment on judicial power and nullification of effect of a judicial decision by changing law retrospectively. The former is outside competence of Legislature. The latter is within its permissible limits. It would be permissible for Legislature […]

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Submarine

‘SUBERB’ is not phonetically similar to ‘SUBWAY’. ‘Sub’, when used in context of sandwiches, is an abbreviation for ‘Submarine’, which represents a well-known variety of long-bodied sandwiches. Mr. Submarine Ltd. v. Bikas, 1975 CarswellOnt 1001-Mr. Submarine Ltd. v. Emma Foods, 1976 CarswellOnt 1006-Mr. Submarine Ltd. v. Haralambos Voultsos, 1977 CarswellOnt 1041 testifies to commonality of […]

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Sikkimese

Any provision which is arbitrary, discriminatory and violative of Article 14 can be struck down. Section 10(26AAA) of The Income Tax Act, 1961 excludes Indians who have settled in Sikkim, prior to merger of Sikkim with India on 26.04.1975, but whose names are not registered as ‘Sikkim Subjects’. There is no difference and/or distinction between […]

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Unchartered Ocean of Policy Decision V / The Demonetization Recommendation

Shri P. Chidambaram submits, result of demonetization was disastrous. But, if Notification No. 3407(E) [08.11.2016] had a nexus with objectives to be achieved, Notification No. 3407(E) [08.11.2016] would not be bad in law merely because some citizens suffered through hardships. It will not be proper for Court to enter into an area which should be […]

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Comparative Advertising III

‘GLUCON-D TANGY ORANGE’ v. ‘DABUR GLUCOPLUS-C ORANGE’   The TV commercial identifies ‘orange glucose’ as ‘product category’. But, is it disparaging in nature? Disparagement is an act of belittling someone’s goods or services with a misleading remark. The TV Commercial does not disparage any ‘orange glucose’ drink. Disparagement cannot be a far-fetched inference. It would […]

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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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Dhola Maaru v. Dhola Tharu

Pfizer Products Inc. v. Rajesh Chopra, 2006 SCC OnLine Del 177 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 […]

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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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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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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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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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