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Navigating Trademark Infringement and Initial Interest Confusion in Indian Law: A Case Study on Forest Essentials vs Baby Forest (Delhi High Court, 2024 SCC OnLine Del 3665)
Introduction In the evolving landscape of intellectual property (IP) law, the recent dispute between Mountain Valley Springs (MVS),...
Nov 4, 2024
Ministry of Corporate Affairs: Amendment to the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016
https://www.mca.gov.in/bin/dms/getdocument?mds=qTyAFp6vBFvAIie1mgFTbg%253D%253D&type=open As per the Notification dated...
Oct 16, 2024
Serious errors and wrongful interpretation of contract, by a Arbitral Tribunal is a violation of the fundamental policy and violation of the principles of natural justice
On 8th April 2024, the Delhi High Court, in a case between National Highway Authority of India V/s M/s Ssangyong Engineering And...
Oct 13, 2024
Bombay High Court: No provision in the A & C Act, 1996 for splitting up of arbitration proceedings
A writ petition filed before the Bombay High Court challenged the order of the Arbitrator that the proceedings before him be kept in...
Oct 13, 2024
When the Supreme Court drew distinctions between ‘reference’ and ‘incorporation’ of an arbitration clause in an agreement
In a recent case, before the Supreme Court, NBCC (India) Limited V/s Zillion Infraprojects Pvt. Ltd [2024 SCC Online Sc 323] the court...
Oct 13, 2024
Delhi High Court Issues Protective Orders in Arbitration Dispute, Criticizes Abuse of Legal Process
“ This is one of the worst instances of abuse of the legal process, in commercial litigation, that this Court has had the misfortune...
Oct 13, 2024
India-UAE Renew Bilateral Investment Treaty, Strengthening Investor Protection and Arbitration Mechanism
The Bilateral Investment Treaty (BIT) between the GOI and (UAE) was renewed and will be in force w.e.f. from 31st August, 2024 to give...
Oct 13, 2024
NCLAT Revives Section 9 IBC Application, Citing Failure to Provide Notice for Defect Rectification
NCLAT : Under IBC, it is obligatory to give notice to the Applicant to rectify the defect in the Sec 9 Application, within seven days...
Oct 13, 2024
NCLT Dismisses Arbitration Request in Simpl Founders' Dispute, Citing Oppression and Mismanagement Claims
Mumbai: In a dispute between the two founders of fintech startup, Simpl, the National Company Law Tribunal [NCLT] has held that dispute...
Oct 13, 2024
Winding up petitions filed in the High Court, which are at the initial stage and no Provisional/Official Liquidator has been appointed, to be transferred to National Company Law Tribunal [NCLT]
A petition was filed in 2015, in the Hon’ble Delhi High Court for winding up of the Respondent-Company. The pleadings were...
Oct 13, 2024
Can Sole Proprietorship firms amalgamate with a Company? NCLT says No
In a case before the NCLT, the Applicant, a company registered under the Companies Act, 2013, took over the business of a sole proprietor...
Oct 13, 2024
The Securities Contracts Regulation Rules (SCRR), 1956 amended, to facilitate direct listing of securities by public Indian companies on International Exchanges of GIFT IFSC
Vide a Notification dated 28th August 2024, the Department of Economic Affairs, Ministry of Finance, amended the Securities Contracts...
Oct 13, 2024
MCA notifies Competition Commission of India (Combinations) Regulations, 2024. effective from 10th September 2024
The regulations empower the Commission to determine the procedure in situations not provided for in the present regulations or the...
Oct 13, 2024
The Office Memorandum issued by DPIIT extending the Scope of Section 31D of Copyright Act, to internet transmissions, withdrawn
The Ministry of Commerce & Industry has vide its Office Memorandum dated 21st August 2024 withdrawn the Office Memorandum dated 5th...
Oct 13, 2024
SEBI amends the Securities and Exchange Board of India (Foreign Venture Capital Investors) Regulations, 2000
A Foreign Venture Capital Investor (FVCI) is a financial institution registered with SEBI and incorporated and established outside India....
Oct 13, 2024
RBI Asset Reconstruction Companies (ARC) Circular
RBI has issued guidelines vide its circular, which shall be applicable to all Asset Reconstruction Companies [ARC] : ...
Oct 13, 2024
Beyond Allegations: The Court's Clarity on Design Infringement and Trade Variants
The plaintiff, filed an interim application before the Bombay High Court against the Defendant, seeking temporary injunction, restraining...
Oct 10, 2024
SC: Where several instruments are executed for completing a transaction, the principal instrument alone shall be chargeable with duty
The Apex Court discussed the legal rule of discerning the real and true meaning of the instrument by ascertaining the intention of the...
Oct 1, 2024
Delhi High Court frustrates 'Fait Accompli'
“ This is one of the worst instances of abuse of the legal process, in commercial litigation, that this Court has had the misfortune...
Sep 30, 2024
A note on the concept of ‘Well-known’ trademarks in India
Understanding Well-Known trademarks in India: Recognition, Protection and Benefits The Trademarks Act, 1999, defines a well-known...
Sep 23, 2024
Delhi High Court: Arbitral award is not vitiated when the High Court appoints an arbitrator in an International Commercial Arbitration as per the arbitration agreement
In its recent judgement in Hala Kamel Zabal and Ors. v. Arya Trading Ltd. and Ors .[ 1] , a Single Judge Bench of the Delhi High Court...
Sep 4, 2024
Strengthening Accountability: The Delhi High Court's Landmark Decision on Patent Agents' Conduct and the Need for Regulatory Reform
There have been debates and court room comments on the conduct of Patent Agents over the few years since the IP division has started...
Aug 28, 2024
BNSS OR CRPC – A hitherto vexed question
From July 1, 2024, the provisions of new criminal code under the nomenclature Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) has come...
Aug 23, 2024
DD- Fact: Our indigenous IP portfolio management and tracking software
DDfact is an indigenous cloud-based IP portfolio management site that provides comprehensive solutions for tracking critical deadlines...
Aug 22, 2024
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