Speculation can’t decide damages: Inside Delhi HC judgement clarifying evidence-based damages in trademark infringement
“It is the evidence which constitutes the bedrock for any award of compensatory or punitive damages.”
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“It is the evidence which constitutes the bedrock for any award of compensatory or punitive damages.”
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“The Pen Drive containing the images and the video showed that the accused chatted with someone, and both criticised the hostilities between India and Pakistan. They advocated that all people, irrespective of their religion, should stay together, and that the war served no fruitful purpose.”
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“The Court is entitled to examine the decision-making process, particularly as to how about 400 new members were inducted in the MCA under different categories, in the face of allegations of illegality, arbitrariness, and nepotism.”
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“The absence of any action for cancellation of deeds for such a prolonged period clearly indicates that the dispute is essentially civil and revenue in nature, and that the criminal machinery has been set in motion afterthought and as a substitute for appropriate civil remedies, which is impermissible in law.”
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“It is not what meaning is being assigned by the words chosen by the appellant, but the determining factor is whether it is deceptively similar.”
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“A Court sitting in appeal does not substitute its own view for that of the Court below merely because an alternative view is possible.”
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The Court remarked that the right to life under Article 21 of the Constitution includes the right to clean drinking water, and these petitions fell within the ambit of a public health emergency enshrined under Article 21.
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“The cause of action in a suit for partition is of a recurring nature and continues so long as the joint status subsists, crystallising only upon refusal of a demand for partition.”
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“An order was passed by the District Collector as the Chairman of the District Disaster Management Authority, suggesting removal of sand from the Thottappally Spillway and soil from the Thannirmukkam Bund, along with cutting of Casuarina trees obstructing water flow.”
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“The claimed invention would be obvious to the person skilled in the art, and therefore, the defendant has been able to raise a credible challenge to the validity of the suit patent under Section 64(1)(f) of the Act.”
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“When these allegations are considered apposite Section 498A IPC, they do not constitute “cruelty” as defined in the explanation appended to the provision.”
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“Regularisation cannot be claimed as a matter of right where the initial entry is illegal or plainly unconstitutional but where the engagement is long, continuous, against sanctioned vacant posts of duly qualified persons, the State is under a constitutional duty to undertake fair consideration and to complete the one-time regularisation exercise.”
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“The number of participants in the festival shall be restricted to fifty only, and the official respondents shall strictly enforce the above directions.”
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“If you get into this struggle of life at an early age by choice, not only are your chances of enjoying the other opportunities of life are drastically affected, but your acceptance in society is also reduced.”
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“The cancellation order, on the face of it, appeared to be a brazen endeavour of the official machinery to deprive a land owner of his legitimate right to have an alternative in lieu of his acquired land by the State.”
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“The defendants are operating about 94 establishments, and continuing infringement would result in loss and damage to the plaintiff tilting the balance of convenience in favour of the plaintiff.”
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“Though the balance of convenience is not in favour of the plaintiff, if the movie is released, the plaintiff would be in a position to claim damages.”
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“The affidavit discloses the total marks obtained, the corresponding percentile, as well as the NEET-UG 2019 rank of the petitioner.”
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“The petitioner submitted that the court below could not have taken cognizance of both offences simultaneously.”
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“In my prima facie view, it would only be reasonable to give an opportunity to the defendants to present their defence in respect of their publications/posts/articles.”
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