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Tag: temporary injunction

July 14, 2020
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Selecting the Best Remedy for Trademark Enforcement in ...

With the increasing globalization of our economy and the adoption of numerous brands and products, the possibility of parties infringing, diluting or passing off valuable brands, increase day by day. ... Indian Trademark Law provides civil, criminal, as well as administrative remedies for taking action against infringement, dilution and/ or passing off of a trademark. This note discusses the types of remedies available, and examines the best approach in different scenarios. ......
May 18, 2020
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Anti-Suit Injunction and Cross-Border Reputation of Tra...

An anti-suit injunction has always been a matter of interest when it comes to providing parties provisional relief. Anti-suit injunctions are orders passed by courts to restrain parties from commencing or pursuing proceedings in another jurisdiction or forum....
December 1, 2018
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Seeking temporary injunction after new facts emerge

The question of granting temporary injunctions is always a knotty one, and requires establishing whether the injunction-seeker has a prima facie case, whether the balance of convenience lies in their favour, and if the temporary injunction is not granted, that the they would suffer irreparable loss or injury. The challenge before a court is to determine which facts must be considered when assessing the request for such an injunction. ...

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. ...