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While the applicant’s right to healthcare and medical treatment is a fundamental consideration, it cannot be allowed to overshadow the pressing need to investigate fairly and ensure that due legal processes are followed.
“The mark, the name, and the overall look and feel of the website gave a clear impression that defendants are making a deliberate attempt to imitate and copy plaintiffs name/mark ‘NYKAA’ only to gain monetarily by such deception.”
“The authorities rejected petitioner’s refund claim by mentioning that payments in respect of some of the invoices are received in advance, but respondents have not referred to any particular instance where payments in respect of any invoices are received prior to the date of invoices.”
“Defendant 1 is a counterfeiter and has dragged plaintiff in the Court for an entirely unnecessary litigation, thus, plaintiff will be entitled to actual costs quantified at Rs. 4,59,520.”
A quick legal roundup to cover important stories from all High Courts this week.
“By ensuring that convicts, undertrials, and their dependents are aware of and can access benefits designed for their welfare will be crucial in rehabilitation and social reintegration.”
“One cannot forget that these are ayurvedic preparations and not allopathic medicines or scheduled drugs for which, doctors’ prescriptions are required. These are over the counter preparations, which are often brought by patients without prescription.”
“The very fact that the wife had not only claimed but also accepted pendente lite maintenance during the appeal from the first husband fortifies that the marriage was not finally dissolved.”
“There is certainly an improvement in the matter of establishment of Commercial Courts and steps are being taken to fill up the remaining posts of District Judges, Commercial Courts.”
“The Court failed to appreciate as to how the position, where not only does the respondent had the power to unilaterally appoint two out of the three arbitrators and compelled the petitioner to choose one of the panels of five arbitrators can be said to meet the test of ‘counter balancing’.”
The unfilled cans which have been seized, shall be released in favour of the Defendants, which were given to them on a superdari basis, in the presence of a representative of the plaintiff. The plaintiff’s representative may accordingly visit the Defendants’ premises on 01-11-2023 at 11:00 a.m.
“The applicant is granted interim bail for a period of eight days from the date of his release, subject to his furnishing personal bond in the sum of Rs.50,000 with one surety of the like amount, to the satisfaction of the Trial Court.”
The comparison of the features of the prior existing third party apps with Plaintiffs’ mobile app, fortifies the stand of the Defendants that the distinguishing features are not enough for the Plaintiffs to cross the threshold of idea expression dichotomy to claim originality and consequently protection in the gaming app and copyright infringement.
The certificates for the current students who are currently undergoing Class 10 and Class 12 as also other children, for the academic year 2023-2024, shall be issued under the existing name of the defendants.
“In the case of pharmaceutical, cosmetics, health and related wellness products a higher standard would be required to be laid down in view of the damage that such products can cause to the consumers.”
“If mushrooming of websites, which use the name Bigg Boss, is permitted, it will boost piracy and unauthorized dissemination causing huge loss to Viacom18 Media (P) Ltd.”
“The object of Section 24 of the Hindu Marriage Act, 1955 is to ensure that during the matrimonial proceedings either party should not be handicapped and suffer any financial disability to litigate only because of paucity of source of income.”
“Though the specific words used for the news programme may themselves not be capable of being monopolized, the combination marks can be protected if they have acquired a secondary significance.”
This is a case where the Intellectual Property Office of Japan has found itself at the receiving end of infringement and imitation by unscrupulous Defendants. The defendants’ use of the identical mark and logo would be violative of the Plaintiff’s goodwill and brand equity.
The Government and its public officer; from which it must be inferred that the terms Government and public officer cannot be conflated to be one-and-the-same. Thus, the description of the defendant as “Rajya Sabha Secretariat, through its Secretary General” cannot be taken to mean that the Rajya Sabha Secretariat and the Secretary General are one and-the-same thing or that relief has been sought against the Secretary General.