Snapdeal has no criminal liability for the sale of SUHAGRA-100
The ruling of the single judge of Karnataka High Court holding that an e-commerce marketplace being an ‘intermediary’ is not liable for any action or inaction on the part of a vendor/seller has come as a significant relief for e-commerce portals and their directors/officers. The court thus proceeded to quash criminal proceedings against the Directors …
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A roundup of key IP developments of 2020
As we begin a new year, there is optimism and hope given the unprecedented challenges businesses and consumers faced during 2020. Our post provides a round-up of key developments in legislative, regulatory, and judicial arena that highlight the Indian IP environment remains vibrant.
Celebrities Beware- think before you endorse a product!
In an interesting case, District Consumer Redressal Forum in Kerala (CC 345/12) recently passed an order penalizing the Malayalam movie actor Anoop Menon https://en.wikipedia.org/wiki/Anoop_Menon and the manufacturers of Dhathri Hair Cream https://www.dhathri.com/hair-protector/p/15327821 for making false claims in an advertisement issued in 2012. The movie star and Dhathri were ordered to pay compensation to the complainant and a fine imposed …
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Court frowns upon suppression of material facts
Questsfor personal gains have become so intense that those involved in litigation donot hesitate to take shelter of falsehood and misrepresent and suppress factsin the court proceedings. Materialism, opportunism and malicious intent haveovershadowed the old ethos of litigative values for small gains.
Indian Patent Office rolls out a new Form for filing “Working Statement”
Working Statement required to be filed by patentees every year continues to be a controversial subject. The frequent change in forms and differing stand of the Patent Office has added to the confusion.
Securing your IP Assets in a Business Transaction
As Covid19 has created business uncertainty, the M&A activity, in general, has slowed down but still there are companies/businesses that are tapping crisis opportunity to make strategic acquisitions. We outline a few commonly asked questions from IP perspective in a transaction involving transfer of IP assets.
ISPs and Direct Selling Entities at loggerheads over US$ 1.7 billion opportunity
ISPs and Direct Selling Entities at loggerheads over US$ 1.7 billion opportunity The Direct Selling Entities (“DSEs”) Amway, Oriflame and Modicare that have a specific business model are embroiled in dispute with leading e-tailers, Amzon, Snapdeal, Cloudtail alleging the sale of their products on e-commerce platforms are unauthorized and without their consent. The Single Judge …
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Well known Marks in India
FAQ’s on Well-Known Trade Marks 1) Are well known marks protected in India? Yes, well known marks are protected in India. There are specific provisions under the Trade Marks Act, 1999 and procedure to record well known trade marks in India is provided under the Trademarks Rules, 2017 enacted under the Act, 1999. Prior to …
Rajasthan High Court holds NEERAJ/NIRAJ not similar to NIRAB
Will difference in pronunciation in certain parts of the country leading to phonetic similarity be sufficient to grant an order of injunction? This is the crux of the issue in the instant appeal before the Division Bench (two judge bench) of the High Court of Rajasthan. The Plaintiff, Deepak Vegpro Private Limited (Deepak) filed the …
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