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Top News / Legal Service India

Mohori Bibee v/s Dharmodas Ghose: Validity of Contract by A Minor

Section 10 of the Indian Contract Act, 1872 stipulates that contracting parties must possess legal competence, and Section 11 specifies that minors lack such competence. Due to the Contract Act...

15 May 2024 2:15 pm
Exclusion In Favour Of Reversioner Of Servient Tenement

Property law in India encompasses a wide array of legal principles, with easements being a crucial aspect. Easements entail the right to use another individual's land for specific purposes. In ...

15 May 2024 2:15 pm
Application for maintenance

In a criminal application, the High Court is expected to exercise extraordinary jurisdiction very sparingly, particularly in cases of miscarriage of justice or when there is an erroneous approach i...

15 May 2024 2:15 pm
Judicial Discipline: Whether A Similar Strength Bench Should Follow The Decision Of Earlier Similar Strength Bench?

Judicial Discipline is a very crucial to Justice System of India. It ensures order, consistency, and public trust in courts. It involves hierarchy and precedent rule of stare decisis. Lower cou...

15 May 2024 2:15 pm
Admission To Professional Education Should Be On Merit

In P.A. Inamder vs. State of Maharashtra, AIR 2005 SC 3226, the Supreme Court delivered a judgment on 31.10.2002, elucidating the minority status and the issue of autonomy of educational instit...

15 May 2024 2:15 pm
Ramifications of Investigative Agencies Getting Biased

When an investigative agency becomes biased, its consequences extend far and wide, threatening the very foundation of democracy, rule of law, and public trust in institutions. Such bias erodes ...

15 May 2024 2:15 pm
Exploring The Intricate Landscape Of Enforcing And Litigating Intellectual Property Rights: Lessons From Legal Cases

Ensuring the protection of innovative and creative outputs is a crucial element in the field of intellectual property rights (IPR) enforcement and litigation. IPR holders preserve the integrity...

15 May 2024 2:15 pm
Patent Rejection And Reversal: A Case Study Of Opposed Piston Engine With Non-Collinear Axes Of Translation

This case pertains to invention titled Opposed Piston Engine with Non-Collinear Axes of Translation, the rejection of the patent application and subsequent reversal on appeal unders...

15 May 2024 2:15 pm
Third-Party Trademark Agreements and Their Impact on Interim Injunctions

In this case before the Hon'ble High Court of Delhi, the refusal to grant an interim injunction shed light on the significance of third-party trademark existence agreements. This article provid...

15 May 2024 2:15 pm
Analyzing the Validity of Patent Terms Under Indian Patent Act 1970

The concept of patents serves as a cornerstone in the realm of intellectual property law, providing inventors with exclusive rights over their innovations for a specified period. However, the d...

15 May 2024 2:15 pm
Defendant's Business Outside The Territorial Limit Of Court In A Trademark Dispute

Jurisdictional challenges often constitute a critical aspect of legal proceedings, particularly in intellectual property (IP) litigation where disputes may span multiple territories. This artic...

15 May 2024 2:15 pm
Legal Implications of Intra-Court Appeal in Patent Opposition Case

The recent legal case involving an intra-court appeal over a patent opposition decision underscores the complexities within intellectual property law, particularly regarding patent examination ...

15 May 2024 2:15 pm
Paytm Payment Bank Issue

'Digital wallets' have gained popularity in India and other regions in recent decades. A digital wallet is a platform that allows individuals to carry out electronic transactions utilising elec...

15 May 2024 2:15 pm
Types Of Banks In India And Their Functions

Banks are licensed financial institutional bodies that accept and store deposits and provide credit to their customers and uses the deposited money to grant loans to the customers as needed and...

15 May 2024 2:15 pm
Exploring AI's Capacity to Adhere to Legal Principles

As Artificial Intelligence (AI) continues to advance rapidly, concerns about its alignment with legal and ethical frameworks become increasingly relevant. This essay analyses the intricate issu...

15 May 2024 2:15 pm
Legal Challenges in Corporate Mergers and Acquisitions

In the dynamic landscape of contemporary business, mergers and acquisitions (M&A) represent strategic manoeuvres pursued by companies seeking growth, market consolidation, or diversificatio...

15 May 2024 2:15 pm
Power u/s 397(2) Crpc

The expression 'Interlocutory Order' under Section 397(2) of the code is to be given a restricted meaning. Orders that are purely procedural, necessary for the progress of the case, such as orders ...

15 May 2024 2:15 pm
Punishment For Murder In Islamic Law

In the Islamic belief system, the severity of the offense of murder is accentuated by the principles detailed in the Quran and the Hadiths, which serve as fundamental sources of guidance for Mu...

15 May 2024 2:15 pm
Concept Of Coparcenary Under Hindu Law

Coparcenary is a term used in matters related to Hindu succession laws. It refers to a person who has the capacity to assume a legal right in his ancestral property by birth. It means ' unity o...

15 May 2024 2:15 pm
Rejection of Patent Application namely Managing Instant Messaging Sessions on Multiple Devices

The patent system plays a crucial role in incentivizing innovation by granting exclusive rights to inventors for their creations. However, not all inventions meet the criteria for patentability...

14 May 2024 2:46 pm
Implications of Refusal of Divisional Applications on Patent Disputes

The case of Novartis v/s. Natco regarding Indian Patent IN 276026 brings to light the complex legal dynamics surrounding divisional patent applications and their impact on patent disputes. At t...

14 May 2024 2:46 pm
Examination of Acquiescence and Delay in Trademark Infringement Cases

Using a recent appellate case as a primary example, this article explores the legal principles surrounding these issues and their application in real-world scenarios. Through a comprehensive an...

14 May 2024 2:46 pm
Challenging The Authenticity Of Invoices At Interim Stage In A Trademark Dispute

The case at hand involves a dispute over trademarks relating to the sale of asafoetida. The plaintiff alleges infringement and passing off of their registered trademark HOTEL SPECIAL"...

14 May 2024 2:46 pm
A Case Study of ARTIZE and TIAARA v/s ARTISTRY and TIARA

In this case study, we delve into the legal issues surrounding the dispute between the plaintiff, claiming prior adoption and use of the marks ARTIZE and TIAARA, and the defendant, accused of i...

14 May 2024 2:46 pm
Former Bottler Of Plaintiff, Not Allowed To Plead Trademark To Be Generic

The case of WESTERN CHOICE vs. OFFICER'S CHOICE revolves around a dispute over trademark infringement and passing off. The Plaintiff, a well-established brand with multiple registered trademark...

14 May 2024 2:46 pm
Trademark Use and Infringement: Licensee Use and Consumer Perception

In a recent case before the Hon'ble High Court Delhi, the issue of trademark infringement arose concerning the use of marks similar to the plaintiff's registered DEER Brand device. This article...

14 May 2024 2:46 pm
Unveiling Bad Faith in Trademark Adoption

The concept of bad faith in the adoption of trademarks is a critical facet of intellectual property law, aimed at safeguarding the rights of trademark owners and preventing unfair competition. ...

14 May 2024 2:46 pm
Interactive Websites and Trademark Jurisdiction

The intersection of e-commerce platforms and trademark jurisdiction presents complex legal challenges, as demonstrated in the case under consideration. This article critically examines the impl...

14 May 2024 2:46 pm
The Interplay Between Trademarks and Trade Names

The relationship between trademarks and trade names, or corporate names, often raises intricate legal questions concerning the rights and limitations of parties involved. This article delves in...

14 May 2024 2:46 pm
Section 29 (4) Trademarks Act 1999 And Prima-Facie Satisfaction Of Goodwill

In the dispute between V GUARD and CROMPTON over the marks PEBBLE and CROMPTON PEBBLE, Section 29(4) of the Trademarks Act, 1999, plays a pivotal role. This article prov...

14 May 2024 2:46 pm
Sales Tax Assessment and Trademark Use

The intersection of trademark law and commercial activities is often a complex terrain, especially when it comes to proving the use of a trademark in commerce. The case at hand, involving the P...

14 May 2024 2:46 pm
Wrong Mentioning of Section in Trademark Complaint

The case under discussion involves a petition seeking the quashing of an FIR due to the wrong mentioning of a section of the law by the recording officer at the police station. The petitioner a...

14 May 2024 2:46 pm
Relevance of Expert Affidavit in Patent Infringement Cases

In patent infringement suits, the reliance on expert testimony plays a pivotal role in establishing the validity of claims and determining the likelihood of success. However, the issue of wheth...

14 May 2024 2:46 pm
The Ramifications of Copying whole of the Plaintiff's Trademarks

This article delves into a recent legal case concerning alleged passing off, wherein the defendant copied the entirety of the plaintiff's trademark for medicinal eye drops. The case raises impo...

14 May 2024 2:46 pm
Implications of Disclaimer Conditions attached to multiple Trademark Registrations

Trademark infringement is a serious offense in intellectual property law, often leading to legal battles between parties. This article delves into a recent case involving the alleged infringeme...

14 May 2024 2:46 pm
Trademark Infringement And Dishonest Conduct In Adoption Of Trademark

Trademark infringement is a serious offense in intellectual property law, often leading to legal battles between parties. This article delves into a recent case involving the alleged infringeme...

14 May 2024 2:46 pm
Trademark Registration Versus Actual Use

Trademark registration is often seen as a significant milestone for businesses seeking to protect their brand identity. However, a recent appellate decision highlights the crucial distinction b...

14 May 2024 2:46 pm
Admissibility of Amendments in National Phase Patent Applications

The recent appellate decision in the matter of patent application no. 3877/DELNP/2009 highlights the procedural intricacies surrounding the admissibility of amendments in national phase patent ...

14 May 2024 2:46 pm
Granules in Patent Applications: A Key to Patentability

The recent appellate decision in the case of Patent Application No. 650/CHENP/2009 sheds light on the significance of granules in patent applications, particularly in the context of inventions ...

14 May 2024 2:46 pm
Meeting the Objection under Section 3(c) of the Patent Act, 1970: Antibody Capable of Binding Specifically to A-beta Oligomer and Use case

A legal case concerning the rejection of a patent application under Section 3(c) of the Patent Act, 1970 has been discussed herein. The case revolves around Indian Patent Application No.5542/CH...

14 May 2024 2:46 pm
Jurisdictional Constraints in entertaining part of Composite Suit

The recent decision of the Hon'ble High Court of Gujarat at Ahmedabad has shed light on the intricate legal issue surrounding the jurisdiction of courts in composite suits. In Trade Mark Suit N...

14 May 2024 2:46 pm
Judicial Review of Ex-Parte ad interim Injunction Order

Abstract: This article delves into the legal intricacies surrounding the appeal against an ex-parte injunction order, with a specific focus on a case where the Appellant challenges the x-Par...

14 May 2024 2:46 pm
The Applicability of Trademarks Rules 2017 to Pending Proceedings under Trademarks Rules 2002

The legal landscape governing trademarks in India underwent a significant change with the enactment of the Trademarks Rules 2017. However, questions have arisen regarding the retrospective appl...

14 May 2024 2:46 pm
No Exclusivity Over Descriptive And Common Elements Of Trademark

In the case at hand, the appellant challenges an order restraining them from adopting the trademark 'DD Free Dish' pending disposal of the suit. The principal question revolves around the simil...

14 May 2024 2:46 pm
Pith and Marrow Doctrine in Patent Infringement Cases

In patent infringement cases, the determination of whether an accused product infringes upon a patented invention often involves complex legal and technical analysis. The principle of the 'all ...

14 May 2024 2:46 pm
Binding Nature Of Undertakings In Trademark Disputes

Trademark disputes often hinge on the recognition and protection of proprietary rights. In the case at hand, the dispute revolves around the usage of trademarks 'POWER' and 'TOWER' in relation ...

14 May 2024 2:46 pm
No Trademark Right Over An Expression Used Purely In A Descriptive Sense

The intersection of trademark law and purely descriptive terms often presents complex legal challenges, as demonstrated in the case of

14 May 2024 2:46 pm
Section 124 of the Trademarks Act 1999 and third Party Rectification

The interpretation and application of Section 124 of the Trademarks Act 1999, particularly concerning the reliance on third-party rectification petitions in suit proceedings, have been a subjec...

14 May 2024 2:46 pm
Failure to Conduct Trademark Search prior to adoption of Trademark

The case of failure to conduct a trademark search prior to adopting a trademark highlights the importance of due diligence in trademark registration and use. This article analyzes the legal imp...

14 May 2024 2:46 pm
Relief Under Section 24(5) Of The Protection Of Plant Varieties And Farmers Rights Act 2001

Section 24(5) of the Protection of Plant Varieties and Farmers' Rights Act 2001 pertains to the granting of relief during the pendency of an application for registration of plant varieties. A r...

14 May 2024 2:46 pm