Plaintiffs allege infringement by Defendant of their Registered Design No. 306577 which was the subject matter of Diageo Brands B.V. v. Great Galleon Ventures Limited, 2022 SCC OnLine Del 2350 [‘Great Galleon’] as well. Senior Advocate, Amit Sibal points out, Section 22 of The Designs Act, 2000 identifies ‘obvious’ and ‘fraudulent’ imitation as the test. […]
Read more "Design Piracy / No Bottle, Just Bottle II"Constitution Bench in Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi, (1975) 1 SCC 421 held, the words ‘rules’ and ‘regulations’ are used in an Act to limit powers of a statutory authority; any action of such bodies in excess of their power or in violation of restrictions placed is ultra vires; statutory bodies cannot use […]
Read more "The Revival of Ray XC"“The question, ‘whether in absence of evidence of complainant / direct or primary evidence of demand of illegal gratification, is it not permissible to draw inferential deduction of culpability / guilt of a public servant under Section 7 and Section 13(1)(d) read with Section 13(2) of The Prevention of Corruption Act, 1988?’, requires a Larger […]
Read more "Referred to Larger Bench XVII Answered: Illegal Gratification I"With greatest respect to Hon’ble Bench [R. Banumathi, A.S. Bopanna & Hrishikesh Roy JJ] which dealt with K. Meghachandra Singh v. Ningam Siro, 2020 5 SCC 689, we find, attention was not invited to binding decisions of Coordinate Bench in M. Subba Reddy v. A.P. State Road Transport Corporation, (2004) 6 SCC 729 and Constitution […]
Read more "Referred to Larger Bench XXXIII: K. Meghachandra, (2020) 5 SCC 689"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 […]
Read more "Product Configuration Trade Dress"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 […]
Read more "Consent, March 2007"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 […]
Read more "Dhola Maaru v. Dhola Tharu"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 […]
Read more "The Case of Mr. Amitabh Bachchan"Sun Pharmaceutical Industries Ltd., 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. Sr. […]
Read more "Family of Marks"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 […]
Read more "Claim of Juvenility IV"The enactment of The Tribunal Reforms Act, 2021 resulted in abolishing of Intellectual Property Appellate Board. All matters pending before IPAB stood transferred to High Courts. High Courts having territorial jurisdiction in respect of Revocation Petitions under Section 64 have to be determined on basis of where cause of action arises. The cause of action […]
Read more "Section 64 of The Patents Act, 1970 II"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 […]
Read more "The Doctrine of Blue Pencil"Janhit Abhiyan v. Union of India, Writ Petition (Civil) No. 55 of 2019 As laid down by this Court, just as equals cannot be treated unequally, unequals also cannot be treated equally. Treating economically weaker sections of citizens as a separate class would be a reasonable classification and could not be termed as an […]
Read more "Compensatory Discrimination / The Revival of Ray LXXXVII"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; […]
Read more "Simplicity in Invention"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 […]
Read more "Ethnic"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 […]
Read more "Review of Death Penalty XXXII"High Court of Judicature at Allahabad, Bench at Lucknow confirmed Death Sentence. He shall be set at liberty forthwith. The case on hand is one of circumstantial evidence as there was no eye witness. That we have ruled out circumstances relating to i) making of an extra-judicial confession and ii) discovery of the weapon of […]
Read more "Review of Death Penalty XXXI"The ‘essential religious practices’ of followers of Sikh faith cannot be made basis of wearing of Hijab/Headscarf by believers of Islamic faith. _____ Secularism is more than a passive attitude of religious tolerance. It is a positive concept of equal treatment of all religions. Equality before law cannot be breached by State on basis of […]
Read more "Referred to Larger Bench XXXII: Hijab II"Though a post-dated cheque might be drawn to represent a legally enforceable debt at the time of its drawing, the cheque must represent the legally enforceable debt at the time of encashment. The sum, as represented in the cheque at the time of encashment, was not owed. Since the cheque did not represent the […]
Read more "A Legally Enforceable Debt IV"It is evident, Plaintiff has a registered trade mark – ‘NO TURN’. Plaintiff has been in continuous use of this trade mark since 15.01.2008. Defendant is the prior user of the mark since 2007. The use of the mark by Defendant is intermittent and not voluminous so as to establish the defence under Section 34 […]
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