According to Snapdeal, by offering for registration, domain names which include ‘Snapdeal’, Domain Name Registrars (DNRs) are facilitating infringement of Snapdeal’s registered mark and are also themselves infringers within meaning of Sections 28 and 29 of The Trade Marks Act, 1999. If domain names are deceptively similar to ‘Snapdeal’, GoDaddy is indulging in infringement of […]
Read more "Domain Name I"It is quite extraordinary, how word mark ‘Ganesh’ was registered without any restriction or limitation. When a mark is registered, Registering Authority may do so without any condition or limitation. Absence of a disclaimer does not always vest an exclusive right over a word mark. In our case, registration of word mark ‘Ganesh’ was without […]
Read more "Name of God"My Lord, Revocation Petition under Section 64 of The Patents Act, 1970 is subject to The Limitation Act, 1963? No. Section 2(1)(t) of The Patents Act, 1970 defines a ‘person interested’. Aloys Wobben v. Yogesh Mehra, (2014) 15 SCC 360 observed, a person may not be a ‘person interested’ when grant of concerned patent was […]
Read more "Section 64 of The Patents Act, 1970 I"The maxim ‘res ipsa loquitur’ is resorted to when an accident is shown to have occurred and cause of accident is primarily within knowledge of Defendant. The cause of accident being unknown does not prevent Plaintiff from recovering damages, if proper inference to be drawn from circumstances which are known is: it was caused by […]
Read more "Res Ipsa Loquitur I"The distinction between a disturbance to ‘law and order’ and a disturbance to ‘public order’ has been clearly settled by a Constitution Bench in Ram Manohar Lohia v. State of Bihar, AIR 1966 SC 740. Court has held, every ‘disorder’ does not meet threshold of a disturbance to ‘public order’, unless it affects community at […]
Read more "Preventive Detention Statute III"“Basic Structure Doctrine is applicable in Kenya” had only Lady Justice, Fatuma Sichale’s Dissent. My Lord, Independent Electoral and Boundaries Commission v. David Ndii, Petition No. 12 of 2021 before Supreme Court of Kenya at Nairobi? 6-1, Friend. Lady Justice, P.M. Mwilu, Deputy Chief Justice & Vice-President of Supreme Court of Kenya: If there were […]
Read more "The Doctrine of Basic Structure III"A mere differential treatment on its own cannot be termed as an anathema to Article 14. When there is a reasonable basis for a classification adopted by taking note of exigencies and diverse situations, Court is not expected to insist on absolute equality by taking a rigid and pedantic view as against a pragmatic one. […]
Read more "Unchartered Ocean of Policy Decision IV"While right to property is no longer a fundamental right [The Constitution (Forty Fourth Amendment) Act, 1978], right against deprivation of property, unless in accordance with procedure established by law, continues to be a constitutional right under Article 300-A. Nobody can be deprived of liberty or property without due process or authorization of law. The […]
Read more "Right to Property I"Plaintiff and Defendant manufacture and deal in, inter alia, high-end luxury jewellery. Where a website permits purchase of goods or services, for consideration, every Court having jurisdiction over places from which, by access to website, commercial transactions could be effected and concluded would, prima facie, have jurisdiction to deal with a case of trademark infringement. […]
Read more "Serpenti"A party should not be penalized for failing to adopt legal proceedings when facts or documents have been wilfully concealed from him. A party who had acted fraudulently should not be given benefit of limitation, running in its favor, by virtue of such frauds [Pallav Sheth v. Custodian, (2001) 7 SCC 549]. Section 17 of […]
Read more "Referred to Larger Bench XXVII: The Drastic Power of Rejecting a Plaint IV"It is fundamental, whenever a material alteration takes place in terms of the original contract, on account of any act of omission or commission on part of one party, it is open to the other party not to perform the original contract. This will not amount to abandonment. Moreover, abandonment is normally understood in context […]
Read more "Abandonment"Burberry Ltd. filed a suit under Sections 134 and 135 of The Trade Marks Act, 1999 and Section 55 of The Copyright Act, 1957 for a permanent injunction restraining Aditya Verma from violating proprietary rights. Learned ADJ, Patiala House Courts, New Delhi dismissed Burberry’s suit. Trial Court has completely misdirected itself in placing undue emphasis […]
Read more "Burberry"Union of India v. Avtar Singh, (1984) 3 SCC 589 held, a letter does not record a decision of Central Government under Section 33 of The Displaced Persons (Compensation and Rehabilitation) Act, 1954 so as to be a decision by Central Government. State of Orissa v. Mesco Steels Limited, (2013) 4 SCC 340 held, High […]
Read more "Non-Communicated File Notings II"Phrases – such as: ‘question of law’ – are open textual expressions, used in statutes to convey a certain meaning which Legislature would not have intended to be read in a pedantic manner. When words allow narrow as well as wide interpretations, Courts have developed art and technique of finding correct meanings by looking at […]
Read more "Question of Law"The purpose of a disciplinary proceeding by an employer is to enquire into an allegation of misconduct by an employee which results in a violation of service rules governing relationship of employment. Unlike a criminal prosecution, where charge has to be established beyond reasonable doubt, in a disciplinary proceeding, a charge of misconduct has to […]
Read more "Disciplinary Proceedings VI"The expression ‘offence’ in Section 19 of The Protection of Children from Sexual Offences Act, 2012 would include all ‘offences’ under The Protection of Children from Sexual Offences Act, 2012 including ‘offence’ under Section 23. In our society, victims of ‘sexual offence’ are, more often than not, treated as an ‘abettor’, if not ‘perpetrator’, even […]
Read more "Referred to Larger Bench XXVI: Offence"A person who seeks refuge under umbrella of Article 25 has to demonstrate not only ‘essential religious practice’ but also its engagement with constitutional values. There is absolutely no material placed on record to prima facie show wearing of Hijab is a part of an ‘essential religious practice’ in Islam. It is not so, if […]
Read more "Hijab I"Though both parties have addressed this Court at length on merits and have also taken us through voluminous documents, we do not find it necessary to go into those issues. Justice S. Murtaza Fazal Ali as well as Justice A.N. Sen in Shah Babulal Khimji v. Jayaben D. Kania, (1981) 4 SCC 8 have a […]
Read more "5 Lakhs for Supreme Court I"Whether, and if so where, an employee should be posted are matters which are governed by exigencies of service; an employee has no fundamental right or a vested right to claim a transfer or posting of their choice; individual convenience of persons who are employed in service is subject to overarching needs of administration. Court […]
Read more "Proportionality in Culture of Justification II"Plaintiff’s two products – BLENDERS PRIDE, IMPERIAL BLUE – and Defendant’s CASINOS PRIDE belong to same segment i.e., Indian Made Foreign Liquor (IMFL) and, therefore, cater to same customer base. They are also available from same outlets. But, “one does not blend in a casino, and blenders don‘t play dice.” Arrangement of letters and overall […]
Read more "Imperial Blender’s Casino"
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