Bringing you the Best Analytical Legal News
The One-Week Online Certificate Course on Sports Law in India offered by Centre for Advocacy Research and Training in Sports Law at MNLU Mumbai aims to provide participants with an in-depth. understanding of the complex legal landscape that governs the world of sports within the Indian context.
“No provision under the 1908 Act confers power on any authority to refuse registration of a transfer document on the ground that the documents regarding the title of the vendor are not produced, or if his title is not established”.
“The stage at which the first suit is, would not be a material consideration in deciding the applicability of the bar under Order II Rule 2. What needs to be looked into is whether the cause of action in both suits is one and the same in substance, and whether the plaintiff is agitating the second suit for claiming a relief that was very well available to him at the time of filing the first suit.”
“Mere filing under Section 89(4) of the Registration Act itself is sufficient when a copy of the sale certificate is forwarded by the authorised officer to the registering authority. As long as the sale certificate remains as it is, it is not compulsorily registrable. It is only when the auction purchaser uses the certificate for some other purpose that the requirement of payment of stamp duty, etc. would arise.”
The event is kindly supported by Ciarb; Confederation of Indian Industry; SCC Times; and Society of Indian Law firms
If the sale-deed is duly executed and sufficiently stamped and there is no legal or formal defect, the Registering Authority cannot refuse to register the deed.
The Delhi High Court said that while trade mark registration offers statutory benefits, it does not obliterate prior common law rights established through actual use and accrued goodwill in the market.
“The purpose of Sections 17 and 18 of the Micro, Small and Medium Enterprises Development Act, 2006, gives the right to a micro, small and medium enterprise to have its disputes adjudicated by approaching the facilitation councils and it cannot be obliterated on account of any other contract to the contrary.”
“‘PREMIER’ as used in appellant’s mark is of a completely different font and style and has a small flower device on top of the word. Thus, concluded that there is no deceptive similarity on a bare perusal of the marks.”
“Prima facie, even before the registration of contempt case against the Vice Chancellor of Himachal Pradesh, National Law University, Single Judge could not have given a finding that she had committed wilful disobedience of the Court’s order.”
“It will be wholly arbitrary and illogical to accord a judicial imprimatur to an order of revocation which is founded on a factor which has no material bearing on the ultimate grant or which fails to meet the tests of fundamental ineligibility and invalidity.”
“Impugned artistic work is not an original artistic work and primarily consists of mark ‘BOSS’, which does not belong to Respondent 1 and even the colour scheme of petitioner is substantially imitated by Respondent 1, which will supplement the finding that the impugned registration is not an original work.”
“This Court is not inclined to stay the impugned trade mark registration for the mark ‘SCHEZWAN CHUTNEY’. Moreover, the issue of jurisdiction of this Court would have to be considered first.”
“No party shall oppose each other’s marks or object to the same, in any manner, so long as the same are in compliance with the terms of this settlement.”
“Impugned order passed on the application for temporary injunction is discretionary in nature and until and unless the same suffer from arbitrariness, perversity or grave illegality, which leads to miscarriage of justice, such order does not warrant interference by the Appellate Court.”
“There are repeated cases wherein litigants have raised allegations against Trade Marks Agents and Patent Agents and apart from reprimand from courts, there are no other consequences that visit them.”
“With the expansion of the internet, and access to goods and services that may originate from some distant site, a litigant is free to file an infringement, or passing off, suit, before any Court within whose jurisdiction use of the impugned mark takes place.”
“To hold that a customer would be confused, because the word ‘XPERT’ forms the second part of the second word of the impugned mark, would be consigning reality to oblivion.”
Delhi High Court remarked that the present case is an example of the Registrar not insisting on the compliance of the Act, the Rules and the Regulations from the applicant.
The mark having a combination of words and devices had to be considered as a whole for the purposes of grant of registration.