Tag: similarity
June 11, 2019
Intellectual Property | Trademark
Intellectual Property | Trademark
Rules amended for Companies to avoid “similar” and “und...
Before applying for a company name in India, a stakeholder is required to ensure that the proposed name does not contain any word as prohibited under the Companies Act, 2013 (in Section 4(2) & (3)) read with the Companies (Incorporation) Rules, 2014 (Rule 8). This Rule 8 has been recently amended by the Ministry of Corporate Affairs (MCA), Government of India, by its notification of 10th May 2019, to clarify issues relating to undesirable and similar names of the companies. ...
Beyond identical: How Indian courts view likelihood of confusion with house and secondary ...
Adopting a secondary mark alongside a house mark is not always straightforward. Indian Courts weigh in on the likelihood of confusion in such cases, providing insights into trademark strategy and brand identity. ...
Modifying Arbitral Awards: Supreme Court Resolves Conflict in Section 34 Powers
The Supreme Court by way of a landmark judgment in Gayatri Balasamy v. ISG Novasoft Technologies Limited, dealt with the issue of whether courts have the power to modify an arbitral award under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act"). ...
Legal implications of social media “likes”: Section 67 of the IT Act
In a recent judgment, the Allahabad High Court (Court) made an important distinction between liking a post and sharing a post on social media platforms. The Court held that merely liking a post does not amount to publishing or transmitting obscene material under Section 67 of the Information Technology Act, 2000 (IT Act). ...
Is Your Brand Ready for the Multilingual Internet Revolution in India?
As India officially moves towards multilingual web domains, new challenges emerge for businesses and other stakeholders. How must we prepare for this multilingual revolution?. ...
It’s not always patently obvious, Calcutta High Court weighs in on Brigatinib
The Calcutta High Court in a recent case clarified important aspects pertaining to inventive step assessment and the admissibility of post-filing data. ...
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