Tag: Exhaustion
March 23, 2020
Intellectual Property | Trademark
Intellectual Property | Trademark
Delhi High Court reverses decision: e-Commerce platform...
In a landmark judgement in Amazon Seller Services Pvt. Ltd. v. Amway India Enterprises Pvt. Ltd. & Others, FAO(OS) 133/2019, a Division Bench of the Delhi High Court has permitted e-commerce platforms to sell and advertise products of Direct Selling Entities ("DSEs") without their consent....
September 4, 2019
Intellectual Property | Trademark
Intellectual Property | Trademark
E-commerce platforms banned from selling or advertising...
The Delhi High Court recently restrained multiple e-commerce platforms from selling, offering to sell, advertising, or displaying products in breach of third party agreements. The court's orders, from July 2019, arose out of a set of seven suits filed by direct selling companies against e-commerce platforms, and will have far-reaching consequences for not only e-Commerce companies but also any 'intermediary' that offers a platform, marketplace or forum to users online....
July 30, 2018
Intellectual Property | Patent
Intellectual Property | Patent
India SEP Litigation Update – Warning to implemen...
The first post trial SEP case, involving both patent and competition laws, has given SEP holders some relief. The Philips case involving its patents relating to DVD video players, offered an interesting and relevant platform for jurisprudence on cutting edge patent and anti-trust issues such as essentiality, standard setting, and exhaustion. This article discusses the facts of the case and the various reasons why the decision of the Delhi High Court is far from satisfactory and is likely to cause some heartburn to implementors....
NCLT’s Jurisdiction for Fraud in Oppression and Mismanagement Petitions: The Supreme...
The role of the National Company Law Tribunal ("NCLT") as a specialised forum under company law has often led to questions around the exact scope of its jurisdiction.
Can a Trade Mark be opposed in India before it is Advertised for Opposition?
In India, the law provides for formal opposition to a trademark application only after it is advertised, but can a third party intervene even during the pre-advertisement stage?
Essential Clauses in a Contract – Force Majeure in light of Regulatory Shifts and Co...
In August 2025, Dream11, an Indian fantasy sports platform, terminated its Rs. 358 Crore sponsorship agreement with the Board of Control for Cricket in India ("BCCI").
A New Era in Online Gaming Regulation: Introduction to India’s latest Gaming Act
On 20th August, 2025, the Ministry of Electronics and Information Technology (“MeitY”) announced the Promotion and Regulation of Online Gaming Bill, 2025 (“the Act”), a significant legislative milestone which has since received the President’s assent and become an Act.
Guide to the 13th Nice Classification (2025-26) for Trademarks in India
The updated 13th edition of the Nice Classification reclassifies goods and services to streamline the trademark application and registration process.
A Stitch in Time: Quia Timet and Trademarks in India
Brand owners can use quia timet actions in India proactively to stop trademark infringement before it even happens, but must be careful about how, when and before which forum they seek remedies.
May or Shall: A Curious Case of usage in Arbitration Clauses
In a recent judgment, the Supreme Court ("SC") in BGM and M-RPL-JMCT (JV) v. Eastern Coalfields Limited reiterated that not every inclusion of an arbitration clause in a contract would amount to a valid arbitration agreement...
E-Acceptance of Arbitration Agreements: Valid under Law?
The emergence of digital platforms catering to instant communication has transformed the structure and form in which business transactions are negotiated between the parties.
India upgrades its guidelines for computer-related inventions
India's new 2025 CRI Guidelines clarify patentability for computer-related inventions, which will impact applications in cutting edge areas, including AI, ML, and Blockchain technology.
Of informed users and dissected designs: The Delhi High Court clarifies essentials of desi...
What is the standard that decides whether a design is novel or not? The Delhi High Court clarifies that instructed eye or informed user test remains the primary standard in Indian design law.
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