This document provides contact information for the company Altacit, including addresses and phone numbers for their offices in Chennai, Bangalore, Coimbatore, and Hyderabad. It also lists their email and website. The document references "The Café Madras Case" but does not provide any additional context about the case.
The document discusses the requirements for compliance with Section 8 of the Indian Patents Act when filing foreign patent applications. It provides an overview of Section 8 and Rule 12 which require applicants to file statements regarding corresponding foreign applications. It summarizes some key court cases that evaluate Section 8 compliance and the standard for revocation of a patent due to non-compliance. Specifically, it finds that non-compliance must be intentional or material to the patent granting decision. The document concludes with recommendations for applicants to diligently submit all required documents to avoid unintentionally missing information.
The document discusses the Supreme Court of India case Enercon vs Yogesh Mehra, which rationalized the procedure for patent revocation in India. The Court held that under Section 64 of the Patents Act, a party can either file a revocation petition before the IPAB or a counterclaim in a patent infringement suit before the High Court, but not both simultaneously. This prevents opponents from challenging patent validity through multiple forums. In this case, the Respondents had filed revocation petitions before the IPAB as well as counterclaims before the High Court, so the Supreme Court ruled they must choose one forum and barred simultaneous proceedings.
This document discusses the patenting of life forms, including:
- The evolution of life form patenting in the US, allowing microorganisms, plants, animals, and human genes and cell lines to be patented.
- The patenting of life forms is also allowed in Europe and India with some limitations.
- There are pros and cons to patenting life forms - it can encourage research but also hinder it if it leads to monopolization of important genetic materials.
This document discusses gene patenting and related legal issues. It provides information on genes and what gene patents are. It summarizes debates around patenting genes, including key cases like Diamond v. Chakraborty. It also discusses gene editing technologies like CRISPR and major players developing CRISPR therapies.
The document discusses Lok Adalat, an alternative dispute resolution system developed in India. It provides addresses and contact details for Lok Adalat locations in Chennai, Bangalore, and Coimbatore. It then summarizes the constitution, workings, focus, nature of cases handled, and examples of state legal authorities that organize Lok Adalats in India.
The document discusses biopiracy and traditional knowledge protection in India. It describes how traditional Indian knowledge related to turmeric was patented in the US, leading to India's first successful challenge of a patent based on traditional knowledge. It also outlines how India is working to prevent biopiracy through defensive publication of traditional knowledge in its Traditional Knowledge Digital Library and exploring positive protection under intellectual property law.
The document contains information about the Union Budget 2017-2018 presented by the Finance Minister of India. It includes key highlights from the budget such as major allocations to agriculture, rural development, healthcare, infrastructure, and other sectors. Reforms such as the Goods and Services Tax and demonetization are also summarized. The budget aims to boost growth, promote rural development and empower the farmers, youth, women and underprivileged sections of society.
Role of sebi in market management and corporate governanceAltacit Global
The document discusses the role of the Securities Exchange Board of India (SEBI) in regulating the capital markets and corporate governance in India. It provides details on SEBI's objectives to protect investors, regulate intermediaries and ensure fair practices in the market. SEBI functions through departments and advisory committees to achieve its goals of regulatory oversight, transparency and investor protection. It oversees stock exchanges, licenses brokers and monitors mergers and acquisitions. SEBI aims to create an efficient market that facilitates business needs while preventing fraud and promoting good governance.
The document discusses the requirements for compliance with Section 8 of the Indian Patents Act when filing foreign patent applications. It provides an overview of Section 8 and Rule 12 which require applicants to file statements regarding corresponding foreign applications. It summarizes some key court cases that evaluate Section 8 compliance and the standard for revocation of a patent due to non-compliance. Specifically, it finds that non-compliance must be intentional or material to the patent granting decision. The document concludes with recommendations for applicants to diligently submit all required documents to avoid unintentionally missing information.
The document discusses the Supreme Court of India case Enercon vs Yogesh Mehra, which rationalized the procedure for patent revocation in India. The Court held that under Section 64 of the Patents Act, a party can either file a revocation petition before the IPAB or a counterclaim in a patent infringement suit before the High Court, but not both simultaneously. This prevents opponents from challenging patent validity through multiple forums. In this case, the Respondents had filed revocation petitions before the IPAB as well as counterclaims before the High Court, so the Supreme Court ruled they must choose one forum and barred simultaneous proceedings.
This document discusses the patenting of life forms, including:
- The evolution of life form patenting in the US, allowing microorganisms, plants, animals, and human genes and cell lines to be patented.
- The patenting of life forms is also allowed in Europe and India with some limitations.
- There are pros and cons to patenting life forms - it can encourage research but also hinder it if it leads to monopolization of important genetic materials.
This document discusses gene patenting and related legal issues. It provides information on genes and what gene patents are. It summarizes debates around patenting genes, including key cases like Diamond v. Chakraborty. It also discusses gene editing technologies like CRISPR and major players developing CRISPR therapies.
The document discusses Lok Adalat, an alternative dispute resolution system developed in India. It provides addresses and contact details for Lok Adalat locations in Chennai, Bangalore, and Coimbatore. It then summarizes the constitution, workings, focus, nature of cases handled, and examples of state legal authorities that organize Lok Adalats in India.
The document discusses biopiracy and traditional knowledge protection in India. It describes how traditional Indian knowledge related to turmeric was patented in the US, leading to India's first successful challenge of a patent based on traditional knowledge. It also outlines how India is working to prevent biopiracy through defensive publication of traditional knowledge in its Traditional Knowledge Digital Library and exploring positive protection under intellectual property law.
The document contains information about the Union Budget 2017-2018 presented by the Finance Minister of India. It includes key highlights from the budget such as major allocations to agriculture, rural development, healthcare, infrastructure, and other sectors. Reforms such as the Goods and Services Tax and demonetization are also summarized. The budget aims to boost growth, promote rural development and empower the farmers, youth, women and underprivileged sections of society.
Role of sebi in market management and corporate governanceAltacit Global
The document discusses the role of the Securities Exchange Board of India (SEBI) in regulating the capital markets and corporate governance in India. It provides details on SEBI's objectives to protect investors, regulate intermediaries and ensure fair practices in the market. SEBI functions through departments and advisory committees to achieve its goals of regulatory oversight, transparency and investor protection. It oversees stock exchanges, licenses brokers and monitors mergers and acquisitions. SEBI aims to create an efficient market that facilitates business needs while preventing fraud and promoting good governance.
Patentability of graphical user interface designsAltacit Global
The document discusses the patentability of graphical user interface (GUI) designs. It provides information on the following:
1) GUIs are the visual aspects of operating systems, programs, apps, etc. and can be protected by design patents, which protect the look and feel of a design.
2) Design patents are narrow in scope and cover only exact or near-exact copies. They protect specific elements, colors, and placements of GUI components.
3) Copyright can protect individual GUI elements and compilations, as long as the elements demonstrate original expression. GUIs can also be protected as audiovisual works.
This document provides information about plea bargaining in India. It begins with definitions and background on plea bargaining. It then discusses how plea bargaining was introduced to the Indian legal system in 2006 and outlines some of the procedures and limitations under Indian law. Some key points covered include advantages like speedy justice but also criticisms around impacts on innocent defendants. The document also examines some cases related to plea bargaining in India and concludes that while it aims to help address backlogs, the system has a long way to go to be as widely adopted as in other countries.
The document discusses non-patentable inventions in India according to Section 3 of the Indian Patent Act of 1970. Some key types of non-patentable inventions include perpetual motions machines, methods of medical treatment, plants and animals in whole or in part, mathematical methods, and literary/artistic works. The document provides examples for each type and outlines the criteria that make the invention non-patentable under Indian law.
The document provides information on non-patentable inventions in India according to Section 3 of the Indian Patent Act of 1970. It lists 15 categories of non-patentable inventions, including inventions that are frivolous, contrary to natural laws, injurious to public health, mere discoveries of scientific principles, and methods of agriculture/horticulture. The summary also includes examples for some of the categories.
The document contains information about Altacit, an organization that provides technology transfer services. It lists their office addresses and contact details in Chennai, Bangalore, Coimbatore, and Hyderabad. It then discusses definitions, methods, pros and cons, financial implications, and the conclusion that technology transfer plays an important role in development.
This document outlines the process for restoring a lapsed patent in India. It discusses how a patent owner can file an application for restoration within 18 months of the patent lapsing due to non-payment of renewal fees. The application must show the failure to pay was unintentional and there has been no undue delay. It describes the publication, opposition, and hearing process and notes restored patents include provisions to protect intervening users.
This document discusses an application by Lee Pharma to the Indian patent office for a compulsory license on AstraZeneca's patented anti-diabetic drug saxagliptin. The controller rejected the application on the grounds that Lee Pharma did not adequately demonstrate that the patented invention was not meeting the reasonable requirements of the public, was not available at a reasonably affordable price, or was not being worked in India's territory.
Returns and refunds consumer protection actAltacit Global
This document provides information on the Consumer Protection Act 2019 in India including key definitions, rights of consumers, refund and cancellation policies, and product liability. It discusses that the Act aims to protect consumer interests and provide effective resolution of disputes. Some key points covered include definitions of consumer and consumer rights, time limits for returns, no-cost returns, and provisions for product manufacturer liability for defects. Contact information is also provided for multiple locations of the company.
This document contains information about copyright law in India. It discusses key topics like what copyright is, the Copyright Amendment Act of 2012, transfer of copyright ownership, assignment of future copyright, and the future of digital copyright. The document provides contact information for multiple Altacit offices in various Indian cities and states their email and website.
The document discusses the doctrine of originality in copyright. It provides details on the tests used to determine if a work is original and eligible for copyright protection including the sweat of the brow test, modicum of creativity test, and skill and judgement test. It also outlines the requirements for originality which include independent creation by the author with a minimal level of creativity. Indian law focuses on whether the author exercised skill and judgement in creating the work.
Bio piracy and protection of traditional knowledgeAltacit Global
This document discusses bio-piracy and protection of traditional knowledge. It provides addresses for the company Altacit in various Indian cities and their contact information. It then covers topics like the definition of bio-piracy, traditional knowledge, why traditional knowledge should be protected, India's position and laws regarding this, and two cases - the turmeric patent case and the basmati rice patent case - where Indian traditional knowledge was misappropriated but later challenged.
The document outlines key details from the draft Unmanned Aircraft System Rules, 2020 released by the Directorate General of Civil Aviation (DGCA) of India. Some of the major points covered in the draft rules include requiring prior authorization for manufacturing, importing, owning and operating drones; eligibility conditions for authorization; insurance requirements; rules around carrying payloads and restrictions on photography; and the framework for establishing drone ports and corridors. The document also discusses definitions related to unmanned aircraft systems and drones, categories of drones based on weight, and potential future areas where drones may be used such as for BVLOS (Beyond Visual Line of Sight) operations and delivery of goods.
This document provides information about alimony laws in India. It defines alimony as the right to receive maintenance after divorce. The main purposes of alimony are to prevent unfair financial impacts of divorce and allow a spouse to maintain their standard of living. The two types of alimony are interim and permanent. When determining alimony amounts, courts consider factors like earnings, marriage length, misconduct, and standard of living. Alimony is governed by different laws for Hindus, Muslims and other religions.
Procedures for legal adoption of children in india– a studyAltacit Global
This document provides information on the legal procedures for adoption of children in India. It discusses the key acts governing adoption, eligibility criteria for prospective adoptive parents and children, the adoption process, effects of adoption, and guidelines for inter-country adoption. Some of the main points covered include that adoption is governed by Hindu Adoption and Maintenance Act, Guardian and Wards Act, and Juvenile Justice Act, eligible adoptive parents must be over 21 years of age and financially stable, the process involves registration, home study, court hearings, and more. It also outlines guidelines for foreign nationals seeking adoption in India.
Environmental and other implications of the supreme court verdit on the bs iv...Altacit Global
The Supreme Court of India ordered a freeze on the sale and registration of vehicles not meeting the upcoming BS-IV emission standards from April 1, 2017. This will prevent automakers from selling an estimated stock of 8.24 lakh BS-III vehicles, prioritizing public health over the commercial interests of automakers. The court prohibited the registration of BS-III vehicles from April 1st as well, except for vehicles already sold to customers before this date.
The document provides information about the Insolvency and Bankruptcy Code passed in India in 2016, including:
1) It consolidated various existing insolvency laws in India and established a single law and time-bound process to deal with insolvent businesses.
2) It aims to reduce the time taken to resolve insolvency cases from an average of 4.3 years to 1 year.
3) The Code established mechanisms like insolvency professionals, information utilities, and committees of creditors to efficiently handle insolvency resolution and bankruptcy proceedings.
Tel: +91 - 44 - 2498 4821 • The Cinematograph Act of 1952 provides for the certification of films for public exhibition in India and regulates exhibitions through cinematography.
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400 • A Board of Film Certification examines films and grants certificates like U (unrestricted public exhibition), UA (unrestricted public exhibition with endorsements), A (for adults only), or S (for special classes).
COIMBATORE
BB1, Park Avenue,
This document discusses a patent infringement case between Bayer and Ajanta regarding Bayer's patent for the drug vardenafil. Some key details:
- Bayer was granted a patent in India in 1997 for vardenafil and filed suits against several companies producing generic versions, including Ajanta.
- Ajanta argued they should not be subject to an injunction, as Bayer had not worked the patent in India commercially as required by law, by only stating they were "evaluating the market".
- The court had to determine if Bayer's non-working of the patent disentitled them to injunctive relief against infringers like Ajanta. This involved interpretation of precedence and balancing patent
E waste management and handling rules, 2011Altacit Global
This document provides information on the E-Waste (Management and Handling) Rules, 2011 in India. It summarizes key aspects of the rules including definitions of electronic waste, hazardous components in e-waste, and producer responsibilities under the rules. Specifically, it states that the rules make producers responsible for recycling and reducing e-waste, require consumer awareness programs, and mandate record keeping and reporting for producers, collection centers, and dismantlers/recyclers.
Envelops, labels and mail merge in ms wordAltacit Global
This document discusses how to create envelopes, labels, and mail merge in Microsoft Word. It provides instructions on using the Mailings tab to create envelopes and labels, including how to enter delivery/return addresses and select formatting options. For mail merge, it describes using the Mail Merge wizard to insert recipient fields into a form letter from a database and generate customized letters for each contact.
Computing studies for organisation ppt. (1)Bob Jone
The document discusses how social media can benefit organizations. It explains that social media allows organizations to connect with the public, gain feedback, and market themselves more effectively. It then provides tips for organizations on utilizing social media, including listening to audiences, defining goals, analyzing target audiences, and creating a channel plan. As an example, it outlines a social media strategy developed for St. Joseph's Cowper, a non-profit organization. The strategy involves using Facebook to engage more donors and help through goals, media choice, implementation and maintenance. In conclusion, it discusses lessons learned around working with an outside organization's limitations.
Patentability of graphical user interface designsAltacit Global
The document discusses the patentability of graphical user interface (GUI) designs. It provides information on the following:
1) GUIs are the visual aspects of operating systems, programs, apps, etc. and can be protected by design patents, which protect the look and feel of a design.
2) Design patents are narrow in scope and cover only exact or near-exact copies. They protect specific elements, colors, and placements of GUI components.
3) Copyright can protect individual GUI elements and compilations, as long as the elements demonstrate original expression. GUIs can also be protected as audiovisual works.
This document provides information about plea bargaining in India. It begins with definitions and background on plea bargaining. It then discusses how plea bargaining was introduced to the Indian legal system in 2006 and outlines some of the procedures and limitations under Indian law. Some key points covered include advantages like speedy justice but also criticisms around impacts on innocent defendants. The document also examines some cases related to plea bargaining in India and concludes that while it aims to help address backlogs, the system has a long way to go to be as widely adopted as in other countries.
The document discusses non-patentable inventions in India according to Section 3 of the Indian Patent Act of 1970. Some key types of non-patentable inventions include perpetual motions machines, methods of medical treatment, plants and animals in whole or in part, mathematical methods, and literary/artistic works. The document provides examples for each type and outlines the criteria that make the invention non-patentable under Indian law.
The document provides information on non-patentable inventions in India according to Section 3 of the Indian Patent Act of 1970. It lists 15 categories of non-patentable inventions, including inventions that are frivolous, contrary to natural laws, injurious to public health, mere discoveries of scientific principles, and methods of agriculture/horticulture. The summary also includes examples for some of the categories.
The document contains information about Altacit, an organization that provides technology transfer services. It lists their office addresses and contact details in Chennai, Bangalore, Coimbatore, and Hyderabad. It then discusses definitions, methods, pros and cons, financial implications, and the conclusion that technology transfer plays an important role in development.
This document outlines the process for restoring a lapsed patent in India. It discusses how a patent owner can file an application for restoration within 18 months of the patent lapsing due to non-payment of renewal fees. The application must show the failure to pay was unintentional and there has been no undue delay. It describes the publication, opposition, and hearing process and notes restored patents include provisions to protect intervening users.
This document discusses an application by Lee Pharma to the Indian patent office for a compulsory license on AstraZeneca's patented anti-diabetic drug saxagliptin. The controller rejected the application on the grounds that Lee Pharma did not adequately demonstrate that the patented invention was not meeting the reasonable requirements of the public, was not available at a reasonably affordable price, or was not being worked in India's territory.
Returns and refunds consumer protection actAltacit Global
This document provides information on the Consumer Protection Act 2019 in India including key definitions, rights of consumers, refund and cancellation policies, and product liability. It discusses that the Act aims to protect consumer interests and provide effective resolution of disputes. Some key points covered include definitions of consumer and consumer rights, time limits for returns, no-cost returns, and provisions for product manufacturer liability for defects. Contact information is also provided for multiple locations of the company.
This document contains information about copyright law in India. It discusses key topics like what copyright is, the Copyright Amendment Act of 2012, transfer of copyright ownership, assignment of future copyright, and the future of digital copyright. The document provides contact information for multiple Altacit offices in various Indian cities and states their email and website.
The document discusses the doctrine of originality in copyright. It provides details on the tests used to determine if a work is original and eligible for copyright protection including the sweat of the brow test, modicum of creativity test, and skill and judgement test. It also outlines the requirements for originality which include independent creation by the author with a minimal level of creativity. Indian law focuses on whether the author exercised skill and judgement in creating the work.
Bio piracy and protection of traditional knowledgeAltacit Global
This document discusses bio-piracy and protection of traditional knowledge. It provides addresses for the company Altacit in various Indian cities and their contact information. It then covers topics like the definition of bio-piracy, traditional knowledge, why traditional knowledge should be protected, India's position and laws regarding this, and two cases - the turmeric patent case and the basmati rice patent case - where Indian traditional knowledge was misappropriated but later challenged.
The document outlines key details from the draft Unmanned Aircraft System Rules, 2020 released by the Directorate General of Civil Aviation (DGCA) of India. Some of the major points covered in the draft rules include requiring prior authorization for manufacturing, importing, owning and operating drones; eligibility conditions for authorization; insurance requirements; rules around carrying payloads and restrictions on photography; and the framework for establishing drone ports and corridors. The document also discusses definitions related to unmanned aircraft systems and drones, categories of drones based on weight, and potential future areas where drones may be used such as for BVLOS (Beyond Visual Line of Sight) operations and delivery of goods.
This document provides information about alimony laws in India. It defines alimony as the right to receive maintenance after divorce. The main purposes of alimony are to prevent unfair financial impacts of divorce and allow a spouse to maintain their standard of living. The two types of alimony are interim and permanent. When determining alimony amounts, courts consider factors like earnings, marriage length, misconduct, and standard of living. Alimony is governed by different laws for Hindus, Muslims and other religions.
Procedures for legal adoption of children in india– a studyAltacit Global
This document provides information on the legal procedures for adoption of children in India. It discusses the key acts governing adoption, eligibility criteria for prospective adoptive parents and children, the adoption process, effects of adoption, and guidelines for inter-country adoption. Some of the main points covered include that adoption is governed by Hindu Adoption and Maintenance Act, Guardian and Wards Act, and Juvenile Justice Act, eligible adoptive parents must be over 21 years of age and financially stable, the process involves registration, home study, court hearings, and more. It also outlines guidelines for foreign nationals seeking adoption in India.
Environmental and other implications of the supreme court verdit on the bs iv...Altacit Global
The Supreme Court of India ordered a freeze on the sale and registration of vehicles not meeting the upcoming BS-IV emission standards from April 1, 2017. This will prevent automakers from selling an estimated stock of 8.24 lakh BS-III vehicles, prioritizing public health over the commercial interests of automakers. The court prohibited the registration of BS-III vehicles from April 1st as well, except for vehicles already sold to customers before this date.
The document provides information about the Insolvency and Bankruptcy Code passed in India in 2016, including:
1) It consolidated various existing insolvency laws in India and established a single law and time-bound process to deal with insolvent businesses.
2) It aims to reduce the time taken to resolve insolvency cases from an average of 4.3 years to 1 year.
3) The Code established mechanisms like insolvency professionals, information utilities, and committees of creditors to efficiently handle insolvency resolution and bankruptcy proceedings.
Tel: +91 - 44 - 2498 4821 • The Cinematograph Act of 1952 provides for the certification of films for public exhibition in India and regulates exhibitions through cinematography.
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400 • A Board of Film Certification examines films and grants certificates like U (unrestricted public exhibition), UA (unrestricted public exhibition with endorsements), A (for adults only), or S (for special classes).
COIMBATORE
BB1, Park Avenue,
This document discusses a patent infringement case between Bayer and Ajanta regarding Bayer's patent for the drug vardenafil. Some key details:
- Bayer was granted a patent in India in 1997 for vardenafil and filed suits against several companies producing generic versions, including Ajanta.
- Ajanta argued they should not be subject to an injunction, as Bayer had not worked the patent in India commercially as required by law, by only stating they were "evaluating the market".
- The court had to determine if Bayer's non-working of the patent disentitled them to injunctive relief against infringers like Ajanta. This involved interpretation of precedence and balancing patent
E waste management and handling rules, 2011Altacit Global
This document provides information on the E-Waste (Management and Handling) Rules, 2011 in India. It summarizes key aspects of the rules including definitions of electronic waste, hazardous components in e-waste, and producer responsibilities under the rules. Specifically, it states that the rules make producers responsible for recycling and reducing e-waste, require consumer awareness programs, and mandate record keeping and reporting for producers, collection centers, and dismantlers/recyclers.
Envelops, labels and mail merge in ms wordAltacit Global
This document discusses how to create envelopes, labels, and mail merge in Microsoft Word. It provides instructions on using the Mailings tab to create envelopes and labels, including how to enter delivery/return addresses and select formatting options. For mail merge, it describes using the Mail Merge wizard to insert recipient fields into a form letter from a database and generate customized letters for each contact.
Computing studies for organisation ppt. (1)Bob Jone
The document discusses how social media can benefit organizations. It explains that social media allows organizations to connect with the public, gain feedback, and market themselves more effectively. It then provides tips for organizations on utilizing social media, including listening to audiences, defining goals, analyzing target audiences, and creating a channel plan. As an example, it outlines a social media strategy developed for St. Joseph's Cowper, a non-profit organization. The strategy involves using Facebook to engage more donors and help through goals, media choice, implementation and maintenance. In conclusion, it discusses lessons learned around working with an outside organization's limitations.
Oemie's Tours is a small, Black Economic Empowerment (BEE) certified tour operator based in Cape Town, South Africa. It was established in 2010 and specializes in tailor-made tours and daily excursions with an emphasis on Cape Malay culture and history. The company's vision is to provide memorable tourism experiences while creating jobs and empowering disadvantaged individuals. Its organizational structure includes a director, marketing administrator, registered tour guides, and outsourced language guides. Oemie's Tours offers various tour packages and services to FIT travelers, families, and other groups.
El documento habla sobre higiene y seguridad industrial. Explica que se trata de prevenir riesgos que afecten la salud de los trabajadores y proteger su integridad física. También menciona que desde 1989 el gobierno colombiano reglamentó un subprograma para establecer obligaciones de los empleadores en temas de prevención y protección de la salud de los empleados.
Este documento contiene tres órdenes de comisión para viajes a Zacatecas y la Ciudad de México para tratar asuntos relacionados con el departamento de recursos humanos de una subdirección. Se proporcionan detalles como los nombres y cargos de los comisionados, las fechas y lugares de los viajes, cuotas diarias y montos a pagar.
This document outlines the legal dispute between Mattel and MGA Entertainment over the Bratz doll line. It discusses how the Bratz dolls were conceived by a former Mattel employee, Carter Bryant, and then brought to MGA Entertainment. Mattel alleged that Bryant stole their idea and that the Bratz dolls infringed on their copyright of Barbie. The document summarizes the lawsuits between the two companies, the initial ruling in favor of Mattel, and then the overturning of that ruling in favor of MGA Entertainment on appeal. It provides background on the claims made by both sides and the key factors considered in the final judgment in favor of MGA Entertainment.
Be understanding of others while also loyal to friends; face each day with strength but know you cannot do everything alone so be generous and willing to share both joys and sorrows; lead when a path is clear but follow when uncertain, and above all else, be true to yourself.
Lakeland College (Canada) interior design students create a portfolio of their work from their two year diploma program. This is from Kaila Owen, the Class of 2016.
The document discusses the registration of trademarks containing words in foreign languages in India. It provides details on the doctrine of foreign equivalents followed by the Indian trademark registry to determine if a foreign trademark can be registered. It examines translations and transliterations of foreign marks and whether they conflict with existing Indian marks or are descriptive. It summarizes some key court cases that addressed disputes over foreign language trademarks and the principles considered, such as whether the meaning of a foreign word would be understood by most Indian consumers.
This document discusses the trademarking of hashtags. It provides background on what a hashtag is and how it is used in social media. It then discusses some key points around trademarking hashtags, including that hashtags alone are not patentable or copyrightable but can be trademarked. It outlines the USPTO's definition of hashtag marks and conditions for trademarkability.
Government control over licensing fee - an analysisAltacit Global
This document provides contact information for the offices of Altacit in various cities across India, including addresses and phone numbers. It also lists an email address and website for the company.
The document outlines the timeline of events in the 1998 blackbuck poaching case involving actor Salman Khan in Rajasthan. Key details include:
- In September 1998, Salman Khan and co-actors were accused of poaching two blackbucks while filming in Rajasthan.
- A complaint was filed in October 1998. Salman Khan was arrested and granted bail.
- In 2006 he was convicted and sentenced to 5 years in prison, which was later suspended.
- The case saw multiple appeals and verdicts over the years, with the Rajasthan High Court ultimately acquitting Salman Khan in July 2016.
Savelife foundation and; anr vs union of india and anrAltacit Global
This document summarizes a public interest litigation filed in the Supreme Court of India in 2012 by SaveLIFE Foundation seeking protective guidelines for Good Samaritans or bystanders who assist victims of road accidents. SaveLIFE Foundation conducted a study finding that most Indians hesitate to help accident victims due to fears of legal hassles. The Supreme Court established a committee whose recommendations led to the notification of Good Samaritan guidelines by the Ministry of Road Transport and Highways in 2015, providing legal protection to those who assist accident victims.
This document contains contact information for various Altacit offices in India and introduces the topic of e-commerce consumers (e-consumers) and associated challenges. It provides definitions of e-commerce and e-consumers, describes the nature of e-commerce transactions and issues with validity of e-contracts. It outlines some key challenges faced by e-consumers like lack of consumer protection laws, infrastructure problems, and privacy/security issues. Finally it mentions some international and Indian legislations and organizations related to consumer protection and proposes solutions for consumers.
This document contains contact information for the company Altacit in various cities across India, including Chennai, Bangalore, Coimbatore, and Hyderabad. It also lists an email address and website. The document then provides information on IP valuation and IP audits, including definitions of key terms, factors that influence IP value, common uses of IP valuation, and benefits of conducting IP valuations.
This document discusses tracking changes and protecting documents in Microsoft Word 2007. It explains how to track changes using the Review tab, view changes in different modes, and protect a document by limiting formatting to selected styles. The document contains examples demonstrating how changes appear.
This document discusses the role of intellectual property in the sports management industry. It provides addresses and contact information for the company Altacit in several Indian cities. It then discusses how sports have gained commercial importance through franchising, advertising, and brand building. Innovation and creativity in sports are driving new opportunities for enjoyment and performance. Sports leagues and organizations exploit the marketing potential of major events. Intellectual property like patents, trademarks, copyrights, and designs play an important role in protecting the commercial interests involved in sports.
This document provides information about the company Altacit, including their office addresses and contact details in Chennai, Bangalore, Coimbatore, and Hyderabad. It also lists their email and website. The document was authored by Anju Srinivasan.
The National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) were constituted on June 1, 2016 under the Companies Act, 2013. Justice S J Mukhopadhaya was appointed as NCLAT Chairperson and Justice M M Kumar as NCLT President. NCLT has 11 benches across India and hears matters related to company law disputes, insolvency resolution, and other powers prescribed under the Companies Act.
This document discusses product liability laws in India. It provides an overview of key laws governing product liability including the Consumer Protection Act 1986, Sale of Goods Act 1930, Indian Penal Code 1860, and Public Liability Insurance Act 1991. It outlines the definition of a product, concept of product liability, rights of consumers, forums for grievance redressal, and penalties for defective products under these laws.
Proofing, comments and protect document in ms wordAltacit Global
The document describes the features available under the Proofing tab in Microsoft Word 2007, including spelling and grammar checking, research tools, thesaurus, translation, comments, and options to protect documents from unauthorized editing. Key features covered are spelling and grammar checking, using research sites, finding synonyms with the thesaurus, translation to other languages, adding and navigating comments, and limiting document formatting when protection is enabled.
This document outlines details of a defamation case filed by Justice Sawant against Times Now news channel. The key details are:
1) Times Now aired Justice Sawant's photo incorrectly identifying him as being involved in a PF scam.
2) Justice Sawant complained but Times Now was slow to apologize and rectify the error, frustrating the judge.
3) Justice Sawant filed a defamation suit. The court ruled the broadcast was defamatory even though the photo was shown briefly.
4) Times Now was ordered to pay Justice Sawant 100 crores in damages for the defamation.
- Arnab Goswami, former editor of Times Now, frequently used the catchphrase "Nation wants to know" on his show. Both Goswami and Bennett Coleman & Co. (owners of Times Now) have applied to trademark the phrase.
- A legal battle has ensued over who has the right to trademark the phrase and whether it is distinctive enough to one party to be trademarked. Both sides are arguing over who popularized the phrase and who consumers most associate it with.
- The case involves issues around trademark law, personality rights, and whether a commonly used phrase can be trademarked. The outcome could determine who can use the phrase without risk of legal issues.
Table of contents, footnote & endnote in ms wordAltacit Global
This document provides instructions on how to create a table of contents, footnotes, and endnotes in Microsoft Word. It explains that the table of contents feature is located in the References tab and can be generated by applying styles and headings to a document. Footnotes and endnotes are created using the Insert Footnote and Insert Endnote buttons in the References tab and involve linking reference marks in the text to corresponding notes. Shortcut keys are also provided.
This document contains contact information for the Altacit company in various Indian cities - Chennai, Bangalore, Coimbatore, and Hyderabad. It also lists an email address and website.
This document summarizes a plagiarism case involving the Bollywood film Mohenjo-Daro. A director named Akashadithya Lama claimed the film's director Ashutosh Gowariker plagiarized his script. Lama filed multiple lawsuits but was unable to prove his script was disclosed to Gowariker or provide sufficient evidence of similarities between his work and the film. Lama ultimately lost the case and was fined for wasting the court's time.
This document contains contact information for various Altacit offices in India and introduces intellectual property. It defines intellectual property as intangible assets created by the human intellect. It then provides brief descriptions of various types of intellectual property including patents, trademarks, designs, copyright, geographical indications, traditional knowledge, trade dress, and trade secrets.
This document contains contact information for various Altacit office locations in India, including addresses, phone numbers, and emails. It also includes brief summaries of topics related to international copyright treaties such as the WIPO Copyright Treaty (WCT), Berne Convention, 3-step test, flexibilities under copyright, and India's accession to the WCT and WPPT.
The document discusses the issue of sexual harassment during work from home arrangements brought about by the COVID-19 pandemic. It notes that while employees are physically at home, they are still considered to be in the workplace as per law. Virtual forms of harassment can include inappropriate clothing or behavior during video calls, sending unwanted pictures, or demanding late night calls from female employees. Maintaining professional standards of conduct and being sensitive to how actions could make others uncomfortable are important to prevent virtual harassment during the pandemic.
Information technology guidelines for intermediaries and digital media ethics...Altacit Global
The document provides an overview of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 notified in India.
The key points are:
1. The Rules regulate intermediaries, social media intermediaries, publishers of news/current affairs content, and online curated content publishers.
2. For intermediaries, the Rules prescribe due diligence requirements around user notifications, content takedowns, grievance redressal etc.
3. Significant social media intermediaries must comply with additional obligations regarding local presence, identification of originators, monthly compliance reports etc.
This document discusses the rights of the unborn child under various statutes in India. It summarizes key provisions from several acts and codes:
- The Limitation Act 1953 considers an unborn child as a minor for the purposes of filing legal claims.
- The Indian Succession Act 1925 defines a minor as under 18, implying an unborn child is also considered a minor.
- The Indian Penal Code 1860 criminalizes causing miscarriage or death of an unborn child in certain situations.
- The Hindu Succession Act 1956 grants an unborn child equal inheritance rights as a born child for intestate succession.
The document analyzes how different laws in India implicitly or explicitly recognize various rights
This document provides contact information for various offices of Altacit, an organization based in India. It then discusses the grounds for divorce under Hindu marriage law in India. The key grounds covered are adultery, cruelty, desertion, conversion, insanity, renunciation, and presumption of death. Examples are provided for what constitutes each ground. It is noted that leprosy and venereal diseases were removed as grounds in 2015 at the suggestion of the UN.
This document discusses different types of patent licensing. It defines patent licensing as granting permission to a third party to use, sell, and benefit from a patented invention in exchange for royalty payments. There are several types of patent licenses: exclusive licenses grant all rights except title to one licensee; non-exclusive licenses allow a patent owner to grant rights to multiple parties; sub-licenses are granted by licensees to third parties; and cross-licenses allow an exchange of licenses between companies. The document also discusses advantages like risk transfer and access to global markets, as well as challenges like loss of control and difficulty finding licensees.
This document summarizes surrogacy laws in India. It begins by defining surrogacy and explaining the different types, including traditional vs gestational and altruistic vs commercial. It then discusses the history and origins of surrogacy and assisted reproductive technology. The document analyzes India's Assisted Reproductive Technology Regulation Bill of 2010 and 2016, highlighting relevant sections that regulate surrogacy clinics, create oversight boards, ban commercial surrogacy, and penalize violations. Both the pros and cons of the bills are discussed. While banning commercial surrogacy aims to reduce exploitation, it also limits an industry that boosts India's economy. The conclusion acknowledges this is a start but flaws need addressing before the bill becomes law.
This document provides information about IRS Form W-9, including how it is used, how to complete it, acceptable filing methods, and its role in the tax filing process for independent contractors and self-employed individuals. Form W-9 is used by businesses to request taxpayer identification information from contractors to file 1099-MISC tax forms. It can be completed on paper or electronically, and helps payees avoid backup withholding by certifying they are not subject to it. Completing a W-9 is the first step for self-employed workers to have their tax returns filed.
Tamilnadu regulation of rights and responsibilities of landlords and tenants ...Altacit Global
The document discusses the key aspects of the Tamil Nadu Regulation of Rights and
Responsibilities of Landlords and Tenants Act 2017, which was enacted to regulate rental
housing in the state. Some key points include:
- It mandates all tenancy agreements to be in writing and registered with the Rent Authority.
- It applies to existing tenancies which must be registered within 90 days.
- It aims to facilitate landlords and tenants and provide affordable housing for all, given Tamil
Nadu's high rate of urbanization and rental housing.
Requirements for operation of civil remotely piloted aircraft systemAltacit Global
The document summarizes India's new Drone Regulation policy released by the Directorate General of Civil Aviation (DGCA) in August 2018. Some key points:
- The policy provides requirements for operating civil remotely piloted aircraft (drones), including obtaining operator permits and unique identification numbers.
- It establishes eligibility criteria for drone pilots, categories of drones based on weight, and restricted "red" and regulated "yellow" zones for drone flights.
- Violations can result in penalties like permit cancellations or legal action under the Indian Penal Code, with imprisonment and fines outlined in the Aircraft Act of 1934.
The regulation aims to legalize and standardize drone usage in India for the first time
Rights of employees under insolvent companiesAltacit Global
This document provides contact details for various offices of a company called Altacit located across different cities in India. It also provides the company's email address and website. The subsequent paragraphs discuss provisions of the Insolvency and Bankruptcy Code, 2016 (IBC) related to the rights of employees under the code. It defines key terms like financial creditor, operational creditor, financial debt and operational debt. It explains that employees are considered operational creditors under IBC and unpaid salaries would be treated as operational debt. It discusses the process for initiation of Corporate Insolvency Resolution Process by an operational creditor as provided in the code.
This document discusses celebrity rights in India. It begins with an introduction to celebrity rights as a significant development in intellectual property law that allows celebrities to benefit financially from their public image and prevent unauthorized commercial use. It then outlines the different types of celebrity rights, including personality rights, privacy rights, and publicity/merchandising rights. Key cases related to celebrity rights in India are also summarized. The document concludes by stating the need for specific celebrity rights legislation in India to protect celebrities while also respecting privacy and fundamental rights.
The Technology Development Board (TDB) of India was established in 1996 to promote development and commercialization of indigenous technology. It provides financial assistance in the form of equity, loans, and grants to industrial companies and research institutions. TDB aims to support innovative projects, foster partnerships between industry and research organizations, and help create new jobs through technological development. It receives funds from government grants and recoveries and operates with the goal of making India a global leader in technology and innovation.
This document discusses the Motor Vehicles Act 1988 and motor accident claims in India. It summarizes key aspects such as the creation of Motor Accidents Claims Tribunals to provide faster compensation, the entitlement to claim compensation for injury or death from motor accidents, and the use of mediation and Lok Adalats as alternative dispute resolution methods to help address the large backlog of pending motor accident claim cases in India. It also summarizes the key details and outcome of the Supreme Court case M.R. Krishna Murti v. The New India Insurance Civil Appeal Nos. 2476-2477 of 2019, which envisaged the creation of a Motor Accident Mediation Authority under the National Legal Services Authority to
Sebi (prohibition of insider trading) regulations, 2015Altacit Global
This document contains contact details for various offices of a company located in Chennai, Bangalore, Coimbatore, Hyderabad, and Cochin. It also contains a brief summary of key aspects of insider trading regulations in India such as the definition of an insider, connected person, unpublished price sensitive information, what constitutes trading, the role of compliance officer in monitoring insider trading, and the concept of trading plans.
The document discusses the legality of cryptocurrency in India. It provides an overview of cryptocurrency and important ones like Bitcoin. It outlines the Indian government's stance, including a past ban on cryptocurrency trading by the Reserve Bank of India. The legality of cryptocurrency in India remains unclear as the government works to establish a legal framework, but some existing laws around payments and securities may apply.
This document provides information about the Hague Apostille Convention, including its purpose and members. The key points are:
1. The Hague Apostille Convention established a standardized process for authenticating public documents between its 116 member countries by replacing complex legalization requirements with a standardized apostille certificate.
2. An apostille is issued by a competent authority certifying that the signature, seal, capacity and integrity of the documents, allowing for documents to be accepted as originals in other member countries.
3. India has been a member of the convention since 2005, allowing Indian public documents like birth/marriage certificates and educational degrees to be accepted abroad when accompanied by an apostille.
This document discusses honour killings in India. It provides addresses and contact details for various offices located in major Indian cities. It then discusses honour killings, defining them as murders committed due to perceived immoral behavior. The main reasons for honour killings are brought dishonour to the family from behaviors related to dress, marriage, or sexuality. Currently, there is no specific law against honour killings in India, but they are prosecuted under homicide laws. Notable court cases establishing legal precedent are mentioned. While laws exist to prosecute honour killings, some argue specific laws could help curb this violence.
This document provides contact information for various Altacit offices located in Chennai, Bangalore, Coimbatore, Hyderabad, and Cochin. It then discusses cyber crimes and cyber security in India. It defines cyber crime and outlines various types of cyber crimes such as hacking, identity theft, software piracy, cyber stalking, hate speech online, fraud and financial crimes, phishing, and cyber terrorism. It also discusses legal protections in India, including the Information Technology Act of 2000 and its amendment, which aims to deal with issues related to electronic documents, digital signatures, offenses, and justice systems for cyber crimes.
Tips for time management and productivity at work placeAltacit Global
This document provides contact information for five locations of the company Altacit, including addresses and phone numbers. It also lists the company's email and website.
This document provides contact details for various offices of a company located in Chennai, Bangalore, Coimbatore, Hyderabad, and Cochin. It then provides information on copyright societies in India, including that they are collective administrative organizations that issue licenses and collect royalties on behalf of their members. Copyright societies are registered under Section 33 of the Copyright Act of 1957 and can only administer one class of work. They must obtain approval from members on collection/distribution procedures and use of collected fees. Tariff schemes must be published and can be appealed. Meetings include annual and special general body meetings.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
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Indonesian Manpower Regulation on Severance Pay for Retiring Private Sector E...AHRP Law Firm
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Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
THE
CAFÉ MADRAS CASE
Vallabie. H. S
2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Mr . J agdish Gopal Kamat h & Ors
…Plaint if f
vs
Lime and Chilli Hospit alit y Ser vices …
Def endant
3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CAFÉ MADRAS CASE
The “Caf é Madras” case was held by t he
Bombay High court . The Def endant Could
not j ust if y t he bona f ide use of t he
plaint if f ’s mark f or his own services,
t heref ore suf f ering inf ringement .
The j udgment was given in f avor of t he
plaint if f who were t he aut hent ic users of
t he t rademark f or t heir services and
cleanliness. The det ails of t he case are
discussed in det ail in t he f ollowing slides.
4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
LAW USED
Sections put forth by the
parties to case:
Section 17(1) (2), 18 & 28 of
the Trademarks Act, 1999.
11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Background of the
case
• Caf é Madras is a f amous Sout h
I ndian Cuisine Rest aurant in
Mumbai(mainly serving Udupi
f ood), owned and managed by t he
Kamat hs since 1951 and are
Regist ered propriet ors since
2005. I t is sit uat ed in Mumbai’s
Mat hunga East area.
• The Mat unga rest aurant , known
f or it s cleanliness and quick
services, was est ablished by Gopal
Purshot t am Kamat h. His sons
J agdish Kamat h and Suresh
12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Background of the case
• Anot her Lime and Chilli Hospit alit y Services
has used t he f ormer’s mark “Caf é madras”
and set up rest aurant s in mult iple places. Viz.
Nashik and J algaon in Maharasht ra. Their
mark was claimed t o be used since 2004.
• The Kamat hs, being aggrieved, f iled a
complaint in t his regard st at ing t hat t he
lat t er has derogat ed t he Plaint if f ’s goodwill,
giving t hem a bad name. The plaint if f st at ed
t hat , in one of t he papers t he lat t er’s
rest aurant had a rat spot t ed in t he f ood and
it s int imidat ing t he public t o f all int o a pit of
conf usion as t o which rest aurant is being
ment ioned in t he papers at t he glimpse.
• I n t heir argument s, t he def endant s st at ed
t hat , caf é madras is a generic name and
13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
I NCEPTI ON:
The Plaint if f f iled a pet it ion in 2012,
st at ing about t heir gr ievance about t he
def endant s f raudulent and dishonest use
of t heir mar k. They had est ablished
st rong pr oof s t o t he use and ext ent of
r each of t heir mar k. I n f act , when t he
pet it ion was f iled, t he rest aur ant had
an annual t ur nover of near ly Rs 1
crore.
The def endant s in r esponse t o t his led
t heir argument s as f ollows:
14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
BACKGROUND OF THE CASE
• Fur t her , t he def endant s st at e t hat
t her e is no case of passing of f because
t he Plaint if f ’s had not sat isf ied t he
“t hr ee f old” or t he “t r init y” t est . i.e., (a)
goodwill owned by t he t r ader , (b)
Misrepr esent at ion, (c) Damage t o
goodwill.
• I n t heir subsequent ar gument t hey st at e
t hat t he plaint if f ’s have r egist er ed t heir
mar ks under classes 16 and 42, and t hat
is not what t he def endant s r egist er ed
15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
ISSUES RAISED
The mat t er was t aken up bef ore t he Bombay
High Court . The issued raised are as
f ollows:
Whet her t he Plaint if f s have made out a
suf f icient ly st rong prima f acie case on (a)
t heir cause of act ion in inf ringement ; (b)
t heir cause of act ion in passing of f ;
The nat ure and ext ent of t he Plaint if f s'
reput at ion and goodwill; and
Whet her t he Def endant ' s adopt ion of t he
mark is (a) bona f ide or not , and (b) if not ,
whet her t hat adopt ion is likely t o prej udice
or has act ually prej udiced t he Plaint if f s by
16. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
FINDINGS
I n account of Proof s and argument s submit t ed
by bot h t he part ies it was evident t hat :
• The plaint if f s use of mark was not
geographically const rained. The plaint if f s
sought and obt ained regist rat ions of t heir
mark in as many as 27 count ries and
European Union.
• Their t urnover in 2012 was nearly one crore,
whereas t he Def endant s barely had 25 lakhs
or less. And t hough t hey claimed use f rom
2004, t hey provided proof s only f rom 2006-
2007.
• Plaint if f ’s regist rat ion and goodwill ware
considerably and f irmly est ablished.
• They had won several awards and being
17. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
FINDINGS
• The plaint if f learnt of t he Def endant s mark
only in 2012 and t he advocat e sent cease and
desist not ice t o t he Def endant s. And only
af t er t he not ice was sent t hat t he
def endant s t ook us t he regist rat ion of t he
mark.
• Aggrieved plaint if f s sent f urt her not ice and
sought f or leave under Clause XI I of let t ers
pat ent .
18. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
JUDGEMENT
The J udge List ened t o bot h t he
part ies on t his issue; he came t o a
j udgment which is exceedingly well
writ t en.
• The essent ial f eat ure of bot h t he
marks is st ruct urally, visually and
phonet ically similar, hence creat ing
root s f or prima f acie evidence.
• The Court not ed t hat t he issue is
whet her t he t erms ‘Caf e Madras’
t aken t oget her are unique and
dist inct ive. I t t ook t he example of
Vit hal Bhel Puri and Sardar Pav
Bhaj i t o st at e t hat while all t hese
19. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
JUDGEMENT
And in his wor ds, t he J udge r ead t he f ollowing,
“plaintiff’smark’sreputation, goodwillandpriorusemay besupplementedwithInternet-based
material. Wheresuchmaterialexists, arivaluserisexpectedtoknowofitandadefendantmayevenbe
deemedtobeawareofit. Theburdenmustthenlieonthedefendanttoshowthattherivaluseofthemark
issuchaswouldhavenoeffectontheplaintiff’scontinueduseofthatmark. Thefactthatadefendant’s
markorgoodsorservicebearingthatmarkarenoteasilytraceableonsuchInternet-basedmaterialisnot
enoughtodischargethatburden; for, evidently, anypersonadoptsamarkonlywithaviewtofosterand
build a reputation. In addition, where there
issufficientglobally-accessibleInternetmaterialtoshowdamageortoraiseapresumptionofdamageto
theplaintiffbythedefendant’suseofthemark, thedefendant’sburdenisthatmuchgreater. Thisisin
onesensesomethingverylikethe‘butterflyeffect’ (wemightcallit‘theGoogleparadigm’): anadverse
eventinoneplacemaywellhavesevereconsequencestotheproprietorofamarkthoughheisinanother
placealtogether.”
20. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Judgment-VeRdICt
Concluding t he case by grant ing an int erim
inj unct ion in f avour of Kamat h t he J udge
held t hat L&C had f ailed t o est ablish t heir
claim of bonafide concurrent user of t he mark
“Caf é Madras”. On t he ot her hand, t he
allegat ion of Kamat h claiming damage caused
by L&C’s use was est ablished and no longer
considered only a possibilit y
Thus, let t ing Caf é Madras ret ain it s
unique f lavour.
21. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
22. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore – 641018.
Tel: +91 - 422 - 6552921
HYDERABAD
Suite 132 & 133,
Level 1, Midtown,
Road No 1, Banjara Hills,
Hyderabad - 500034.
Tel: +91 - 40 - 6050 6009
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
dISCLAImeR
Any copyr ight ed mat erial in t his
pr esent at ion is used in f air use f or t he
pur pose of st udy, review or cr it ical
analysis only, and will be r emoved at t he
r equest of t he copyr ight owner (s).