Search Results for "Copyright (Amendment) Act 2012"

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Court Considers Maintainability of Commercial Appeal in Summary Suit Under Commercial Courts Act — Order on Summons for Judgment Challenged as 'Judgment' Under Section 13(1A). Transitional Provisions and Assignment Orders Examined for Pending Suits Transferred to Commercial Division.

The Commercial Appeal arose from an order passed by a learned Single Judge of the Commercial Division of the Bombay High Court in Summons for Judgment...

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Bombay High Court Dismisses Monsanto's Petition on Seed Supply as Sale, Allows Subway's Petition on Franchise as Service. Court Holds That Impregnated Seed Supply is Sale of Goods Under Maharashtra Value Added Tax Act, 2002, While Franchise Agreement is Not a Deemed Sale of Intellectual Property Rights.

The Bombay High Court adjudicated two writ petitions tagged together, raising the common issue of whether certain transactions were liable to service ...

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Bombay High Court Allows Appeal in Trademark Infringement Case — Parksons Cartamundi Pvt. Ltd. v. Suresh Kumar Jasraj Burad. The court found that the marks 'MERELANE' and 'MARICELL' are deceptively similar and granted an interim injunction restraining the defendant from using the mark 'MARICELL'.

The appellant, Parksons Cartamundi Pvt. Ltd., filed a suit for infringement of its registered trademark 'MERELANE' and for passing off against the res...

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Bombay High Court Adjudicates Writ Petition Against IGST Demand of Rs.1524 Crores on Arbitration Award Damages. Issue Pertains to Whether Damages Paid Under Deemed Decree Constitute Consideration for Taxable Service Under IGST Act, 2017.

The dispute centers on a writ petition filed by Tata Sons Private Limited (Tata) under Article 226 of the Constitution of India, challenging an intima...

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High Court of Karnataka Hears and Reserves Order on Interim Measures in Intellectual Property Dispute with Foreign Seated Arbitration. Petition Under Section 9 of Arbitration Act Questions Indian Court's Jurisdiction and Maintainability of Mandatory Injunction.

The applicant, a Singapore-incorporated company engaged in software development, filed a petition under Section 9 of the Arbitration and Conciliation ...

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Bombay High Court Dismisses Appeal Against Injunction in Trade Mark Infringement Suit. Prior user of trade mark 'City Collection' entitled to interim protection despite pending registration under Trade Marks Act, 1999.

The appeal arose from an order of injunction passed in a Trade Mark Suit filed by the respondents (plaintiffs) temporarily restraining the appellant (...

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Madras High Court Adjudicates Trademark Opposition Over 'Big Bite' Mark in Class 30. Court Considers Application of Prior User Test and Relevance of Trans-Border Reputation Under Trademarks Act, 1999.

The appeals were filed under Section 91 of the Trademarks Act, 1999 against a common order dated 18.7.2014 by the Deputy Registrar of Trade Marks. The...

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Supreme Court Upholds Enhanced Share Valuation, Awards Interest at 6% Pre-Decree and 9% Post-Decree in Decades-Old Dispute. Balancing Equity and Commercial Realities: SC Modifies Interest Rates in Rajasthan State Mines Share Acquisition Case

Valuation of Shares – The Supreme Court affirmed the High Court’s valuation of shares at ₹640 per share, rejecting the State’s objections. Th...

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Bombay High Court Grants Injunction Against Franchisee in EuroKids Trademark Dispute — Franchise Agreement Terminated Due to Non-Payment of Royalty and Breach of Terms. Court Restrains Respondent from Using Petitioner's Trademarks and Operating as Franchisee Pending Arbitration.

The petitioner, EuroKids International Private Limited, filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, s...