The document summarizes a court case between India T.V. Independent News Services Pvt. Ltd. and India Broadcast Live LLC & Ors. regarding trademark infringement of the mark "INDIA TV". The plaintiff alleged that the defendant's website "indiatvlive.com" infringed their trademark. Key points discussed included whether the court had personal jurisdiction over the non-resident defendants, if the trademark was infringed, and if access to a website alone allows jurisdiction. The court found it had jurisdiction and granted injunctions to the plaintiff, later modifying orders when the defendants rectified issues.
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
A detail discussion on Trademark law in India and landmark cases relating to trademark infringement, passing off action and remedies thereof have been discussed in this ppt. Illustrations have been provided wherever necessary for more understanding.
Cpc learning module 8 reference revision and reviewDr. Vikas Khakare
This document provides an overview of reference, review, and revision as outlined in the Code of Civil Procedure in India. It discusses:
1) Reference: A subordinate court can refer a case to the High Court if it involves the validity of a law and the court believes the law to be invalid. The High Court will then decide the legal question.
2) Review: Any aggrieved person can apply to have a court reconsider its own decision, on grounds of new evidence, mistake, or other sufficient reason.
3) Revision: The High Court can revise, or correct, decisions of lower courts if the lower court exceeded its jurisdiction, failed to exercise its jurisdiction, or acted illegally or with irregularity
This document discusses rules related to appeals by indigent persons in India. [1] Rule 1 allows indigent persons to appeal by presenting an application and memorandum of appeal. [2] When considering an application under Rule 1, the court only determines if the applicant is indigent and not the merits of the case. [3] Rejection of an application does not mean the appeal lacks merit, only that indigence was not proven.
State of Maharashtra Vs. Manesh madhusudan kotiyan Anubhuti Shreya
This memorial addresses three issues in a special leave petition filed before the Supreme Court of India regarding a criminal case. The first issue is whether the special leave petition is maintainable, arguing that there was no grave injustice or ignorance of substantial questions of law by the High Court. The second issue is whether consent was given voluntarily, arguing that consent was given freely without force or misconception. The third issue is whether the respondent is punishable for rape, arguing that the essential elements of rape were not met. The memorial provides arguments for each issue and submits that the petition should be dismissed.
The document provides an overview of copyright law in India, including definitions and key cases. It discusses the following main points in 3 sentences:
Copyright law grants exclusive rights over the reproduction of original literary, dramatic, musical, artistic, cinematographic, sound recording, and computer program works. The subject matter of copyright includes original works such as books, plays, songs, paintings, films, sound recordings, and computer software. Key cases have established that copyright protection applies to works involving substantial labor or skill in their creation, such as street directories, examination papers, film concepts, and translations.
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
A detail discussion on Trademark law in India and landmark cases relating to trademark infringement, passing off action and remedies thereof have been discussed in this ppt. Illustrations have been provided wherever necessary for more understanding.
Cpc learning module 8 reference revision and reviewDr. Vikas Khakare
This document provides an overview of reference, review, and revision as outlined in the Code of Civil Procedure in India. It discusses:
1) Reference: A subordinate court can refer a case to the High Court if it involves the validity of a law and the court believes the law to be invalid. The High Court will then decide the legal question.
2) Review: Any aggrieved person can apply to have a court reconsider its own decision, on grounds of new evidence, mistake, or other sufficient reason.
3) Revision: The High Court can revise, or correct, decisions of lower courts if the lower court exceeded its jurisdiction, failed to exercise its jurisdiction, or acted illegally or with irregularity
This document discusses rules related to appeals by indigent persons in India. [1] Rule 1 allows indigent persons to appeal by presenting an application and memorandum of appeal. [2] When considering an application under Rule 1, the court only determines if the applicant is indigent and not the merits of the case. [3] Rejection of an application does not mean the appeal lacks merit, only that indigence was not proven.
State of Maharashtra Vs. Manesh madhusudan kotiyan Anubhuti Shreya
This memorial addresses three issues in a special leave petition filed before the Supreme Court of India regarding a criminal case. The first issue is whether the special leave petition is maintainable, arguing that there was no grave injustice or ignorance of substantial questions of law by the High Court. The second issue is whether consent was given voluntarily, arguing that consent was given freely without force or misconception. The third issue is whether the respondent is punishable for rape, arguing that the essential elements of rape were not met. The memorial provides arguments for each issue and submits that the petition should be dismissed.
The document provides an overview of copyright law in India, including definitions and key cases. It discusses the following main points in 3 sentences:
Copyright law grants exclusive rights over the reproduction of original literary, dramatic, musical, artistic, cinematographic, sound recording, and computer program works. The subject matter of copyright includes original works such as books, plays, songs, paintings, films, sound recordings, and computer software. Key cases have established that copyright protection applies to works involving substantial labor or skill in their creation, such as street directories, examination papers, film concepts, and translations.
This document summarizes provisions for the transfer of cases under the Code of Civil Procedure, 1908 in India. It defines the transfer of suits as allowing plaintiffs or defendants to apply to move an ongoing suit or appeal from one court of similar rank to another. The key sections that allow for transfer are Sections 22 and 23, which give civil courts the power to transfer suits from one court to another on a defendant's application. Conditions for transfer include the original suit being in a competent court, the transferee court being subordinate to the original court and competent in jurisdiction. The process involves a defendant applying for transfer, notice to other parties, a hearing of objections, and the original court determining the appropriate transferee court by order. Land
There are key differences between an appeal and a revision under the law. An appeal is a right created by law that allows parties to challenge a judgment or final order in a higher court and raise questions of law and fact. A revision is a duty imposed on courts where a superior court can examine the proceedings of a subordinate court on a question of law. While multiple appeals are possible, only one revision can be filed. An appeal requires a memorandum to be submitted by the appellant, while a revision can be initiated by the court itself.
Unit 5 Intellectual Property Protection in CyberspaceTushar Rajput
The document discusses various aspects of intellectual property, including copyright, trademarks, patents, and databases. It provides definitions and explanations of key concepts such as the different types of intellectual property, the rights they provide, and how intellectual property laws apply in areas like the internet and new technologies. The document is intended to serve as an overview and introduction to intellectual property for non-experts.
The issues relating to immovable property in international scenario is dealt in a different way in different case laws. It had changes in principles from time to time.
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
Professional ethics contempt of courts act - re arundhati roy caseMohith Sanjay
1) The Supreme Court initiated suo moto criminal contempt proceedings against author Arundhati Roy for her comments criticizing a Supreme Court decision in an article and during protests.
2) Roy argued her comments constituted fair criticism protected under law, while the Court held her comments scandalized the Court's authority with malafide intentions.
3) The Court sentenced Roy to one day imprisonment and a Rs. 2,000 fine, citing precedents around permissible criticism of courts and showing magnanimity by keeping the sentence symbolic given Roy is a woman.
1. Ram Kumar has filed a bail application in connection with FIR No. 156/2018 registered under Section 307 of the Indian Penal Code for attempted murder.
2. He claims to be innocent and falsely implicated. He owns a textile business and has no criminal record.
3. Ram Kumar promises to abide by any bail conditions and attend court on all hearing dates, and seeks bail citing his innocence, responsibility, and that keeping him in custody serves no purpose.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
The document is a student project submission on the topic of confessions in law of evidence. It begins with an introduction and preface on the law of evidence. It then discusses the meaning of a confession, noting it is a statement by an accused that is adverse to them. It outlines the key differences between a judicial confession made before a court and an extra-judicial confession made elsewhere. It also discusses when a confession is relevant or not relevant as evidence, focusing on sections 24-27 of the Indian Evidence Act. The document provides details on the relevancy of confessions and differences between admissions and confessions.
Restitution of conjugal rights a comparativestudySunit Kapoor
1. Restitution of conjugal rights (RCR) allows a spouse to petition a court to order the other spouse to resume living together if they have withdrawn from the marriage without reasonable cause.
2. The concept originated under British rule in India and was later codified under various personal laws like the Hindu Marriage Act.
3. Under these laws, RCR can be ordered if the petitioner proves withdrawal without cause, though reasonable excuses include cruelty, failure to perform marital duties, or non-payment of dowry under Muslim law. Constitutional challenges to RCR have been rejected by courts.
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
National Lok Adalat Field Visit ReportHussain Shah
The purpose of visit was to understand the working of a court, the nature of duties of the Judicial Officers in the matters of Lok Adalat and also to observe how the concept of conciliated settlement of dispute in the traditional Indian culture in the form of Nyaya Panchayats and Gram Panchayats led to introduction of Lok Adalats which added a new chapter to the justice dispensation system of the country and that how it provides a supplementary forum to the victims for satisfactory settlement of their disputes.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
The document discusses the doctrine of exhaustion of intellectual property rights, which refers to the loss of certain IP rights over a product after its first sale. It outlines different theories of exhaustion (national, regional, international) and how exhaustion applies under patent, trademark, and copyright law in India based on case law and proposed amendments. While most countries favor national exhaustion, international exhaustion favors consumers by allowing parallel imports but can undermine brand protection by exploiting price differences between countries. In conclusion, the doctrine balances IP owner rights with consumer access after initial market distribution.
useful judgment of probation of offender actarjun randhir
This document discusses judicial pronouncements related to the Probation of Offenders Act and Section 360 of the CrPC. It provides summaries of key sections of the Acts and discusses 7 cases related to granting or denying probation under the Acts. The document aims to provide useful guidance on the proper application and interpretation of provisions regarding probation of offenders.
The document discusses the appointment of receivers in India. It notes that receivers can be appointed by a court before or after a decree to act as custodians of property during legal proceedings. Receivers essentially take on the role of property owners and have powers to manage, protect, and improve the property. They must submit accounts to the court, pay amounts owed, and are responsible for any losses due to willful misconduct or negligence. The court can enforce receivers' duties and hold them accountable by attaching their property if needed. Collectors may also be appointed as receivers for certain land revenue properties with the collector's consent.
Previous judgments walking down the lane to 2021kashishworld
This document summarizes 11 previous judgments related to intellectual property law in India from 2021. Key cases included: 1) The Delhi High Court case on copyright of sound recordings and underlying works. 2) The Delhi High Court granting an anti-anti-suit injunction in a patent dispute. 3) The Delhi High Court case on post-mortem personality rights of actor Sushant Singh Rajput.
This document summarizes an administrative panel decision regarding a domain name dispute between Netrepreneur Connections Enterprises Inc. and Anton Sheker, Seo.Com.Ph. The disputed domain name is <sulit.ph>, registered through DotPH. Netrepreneur alleges the domain name is identical to its SULIT.COM.PH trademark and registered in bad faith. Anton Sheker argues the trademark is weak and descriptive, numerous other domains use "sulit", and the domain was not registered in bad faith. The panel will review the statements and documents to decide based on the Uniform Domain Name Dispute Resolution Policy and applicable rules and principles of law.
This document summarizes provisions for the transfer of cases under the Code of Civil Procedure, 1908 in India. It defines the transfer of suits as allowing plaintiffs or defendants to apply to move an ongoing suit or appeal from one court of similar rank to another. The key sections that allow for transfer are Sections 22 and 23, which give civil courts the power to transfer suits from one court to another on a defendant's application. Conditions for transfer include the original suit being in a competent court, the transferee court being subordinate to the original court and competent in jurisdiction. The process involves a defendant applying for transfer, notice to other parties, a hearing of objections, and the original court determining the appropriate transferee court by order. Land
There are key differences between an appeal and a revision under the law. An appeal is a right created by law that allows parties to challenge a judgment or final order in a higher court and raise questions of law and fact. A revision is a duty imposed on courts where a superior court can examine the proceedings of a subordinate court on a question of law. While multiple appeals are possible, only one revision can be filed. An appeal requires a memorandum to be submitted by the appellant, while a revision can be initiated by the court itself.
Unit 5 Intellectual Property Protection in CyberspaceTushar Rajput
The document discusses various aspects of intellectual property, including copyright, trademarks, patents, and databases. It provides definitions and explanations of key concepts such as the different types of intellectual property, the rights they provide, and how intellectual property laws apply in areas like the internet and new technologies. The document is intended to serve as an overview and introduction to intellectual property for non-experts.
The issues relating to immovable property in international scenario is dealt in a different way in different case laws. It had changes in principles from time to time.
compulsory licensing of patents in India how to get compulsory licensing in India, procedure, rights involved, act and sections,limitation of compulsory licensing, government rights for compulsory licensing,well good for law students
Professional ethics contempt of courts act - re arundhati roy caseMohith Sanjay
1) The Supreme Court initiated suo moto criminal contempt proceedings against author Arundhati Roy for her comments criticizing a Supreme Court decision in an article and during protests.
2) Roy argued her comments constituted fair criticism protected under law, while the Court held her comments scandalized the Court's authority with malafide intentions.
3) The Court sentenced Roy to one day imprisonment and a Rs. 2,000 fine, citing precedents around permissible criticism of courts and showing magnanimity by keeping the sentence symbolic given Roy is a woman.
1. Ram Kumar has filed a bail application in connection with FIR No. 156/2018 registered under Section 307 of the Indian Penal Code for attempted murder.
2. He claims to be innocent and falsely implicated. He owns a textile business and has no criminal record.
3. Ram Kumar promises to abide by any bail conditions and attend court on all hearing dates, and seeks bail citing his innocence, responsibility, and that keeping him in custody serves no purpose.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
The document is a student project submission on the topic of confessions in law of evidence. It begins with an introduction and preface on the law of evidence. It then discusses the meaning of a confession, noting it is a statement by an accused that is adverse to them. It outlines the key differences between a judicial confession made before a court and an extra-judicial confession made elsewhere. It also discusses when a confession is relevant or not relevant as evidence, focusing on sections 24-27 of the Indian Evidence Act. The document provides details on the relevancy of confessions and differences between admissions and confessions.
Restitution of conjugal rights a comparativestudySunit Kapoor
1. Restitution of conjugal rights (RCR) allows a spouse to petition a court to order the other spouse to resume living together if they have withdrawn from the marriage without reasonable cause.
2. The concept originated under British rule in India and was later codified under various personal laws like the Hindu Marriage Act.
3. Under these laws, RCR can be ordered if the petitioner proves withdrawal without cause, though reasonable excuses include cruelty, failure to perform marital duties, or non-payment of dowry under Muslim law. Constitutional challenges to RCR have been rejected by courts.
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
National Lok Adalat Field Visit ReportHussain Shah
The purpose of visit was to understand the working of a court, the nature of duties of the Judicial Officers in the matters of Lok Adalat and also to observe how the concept of conciliated settlement of dispute in the traditional Indian culture in the form of Nyaya Panchayats and Gram Panchayats led to introduction of Lok Adalats which added a new chapter to the justice dispensation system of the country and that how it provides a supplementary forum to the victims for satisfactory settlement of their disputes.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
The document discusses the doctrine of exhaustion of intellectual property rights, which refers to the loss of certain IP rights over a product after its first sale. It outlines different theories of exhaustion (national, regional, international) and how exhaustion applies under patent, trademark, and copyright law in India based on case law and proposed amendments. While most countries favor national exhaustion, international exhaustion favors consumers by allowing parallel imports but can undermine brand protection by exploiting price differences between countries. In conclusion, the doctrine balances IP owner rights with consumer access after initial market distribution.
useful judgment of probation of offender actarjun randhir
This document discusses judicial pronouncements related to the Probation of Offenders Act and Section 360 of the CrPC. It provides summaries of key sections of the Acts and discusses 7 cases related to granting or denying probation under the Acts. The document aims to provide useful guidance on the proper application and interpretation of provisions regarding probation of offenders.
The document discusses the appointment of receivers in India. It notes that receivers can be appointed by a court before or after a decree to act as custodians of property during legal proceedings. Receivers essentially take on the role of property owners and have powers to manage, protect, and improve the property. They must submit accounts to the court, pay amounts owed, and are responsible for any losses due to willful misconduct or negligence. The court can enforce receivers' duties and hold them accountable by attaching their property if needed. Collectors may also be appointed as receivers for certain land revenue properties with the collector's consent.
Previous judgments walking down the lane to 2021kashishworld
This document summarizes 11 previous judgments related to intellectual property law in India from 2021. Key cases included: 1) The Delhi High Court case on copyright of sound recordings and underlying works. 2) The Delhi High Court granting an anti-anti-suit injunction in a patent dispute. 3) The Delhi High Court case on post-mortem personality rights of actor Sushant Singh Rajput.
This document summarizes an administrative panel decision regarding a domain name dispute between Netrepreneur Connections Enterprises Inc. and Anton Sheker, Seo.Com.Ph. The disputed domain name is <sulit.ph>, registered through DotPH. Netrepreneur alleges the domain name is identical to its SULIT.COM.PH trademark and registered in bad faith. Anton Sheker argues the trademark is weak and descriptive, numerous other domains use "sulit", and the domain was not registered in bad faith. The panel will review the statements and documents to decide based on the Uniform Domain Name Dispute Resolution Policy and applicable rules and principles of law.
1) The document discusses methods of resolving cybersquatting disputes in India, including policies from international bodies like ICANN and WIPO, as well as national bodies and judicial precedents.
2) It outlines ICANN's Uniform Domain Name Dispute Resolution Policy and WIPO's domain name dispute resolution services. In India, disputes can be resolved through the .IN Dispute Resolution Policy or trademark infringement lawsuits.
3) Key court cases that helped define cybersquatting in India are discussed, such as Rediff Communication v. Cyberbooth and Aroon Purie v. Kautilya Krishan Pandey. The conclusion is that India needs specific cyberlaws to better handle domain name disputes
METHODS OF RESOLVING CYBERSQUATTING DISPUTE IN INDIADr. Prashant Vats
1) The document discusses methods of resolving cybersquatting disputes in India, including policies from international bodies like ICANN and WIPO, as well as national bodies and judicial precedents.
2) It outlines ICANN's Uniform Domain Name Dispute Resolution Policy and WIPO's domain name dispute resolution services. In India, disputes can be resolved through the .IN Dispute Resolution Policy or trademark infringement lawsuits.
3) Key court cases that helped define cybersquatting in India are discussed, such as Rediff Communication v. Cyberbooth and Aroon Purie v. Kautilya Krishan Pandey. The conclusion is that India needs specific cyberlaws to better deal with cybers
Globally remove links of video defaming Ramdev, Delhi HC directs Facebook, Go...sabrangsabrang
This document is a court judgment from the High Court of Delhi regarding a defamation case filed by Swami Ramdev and Patanjali Ayurved Ltd. against Facebook, Google, YouTube, Twitter and others ("Platforms"). The Plaintiffs allege that defamatory content about them from a book was disseminated on the Platforms and sought an injunction. The court had earlier directed the Platforms to remove the URLs for access in India but not globally. In this judgment, the court considers arguments for and against globally blocking the URLs and content. The Plaintiffs argue for a global block, while the Platforms argue they should not be obligated to implement court orders globally. The court examines the relevant laws and precedents
The document discusses several cases related to trademark infringement and the granting of injunctions. In one case, the Supreme Court restrained respondents from using the trade name "Ramdev Masala" and directed other remedies. Another case discusses how using a plaintiff's mark constitutes infringement, passing off, and unfair competition, and the plaintiff is entitled to a permanent injunction. A third case discusses how a plaintiff was not entitled to an interim injunction due to delay in filing suit after notice of infringement.
Uniform Domain Name Dispute Resolutionlibertyluver
The document discusses domain name disputes and trademark law. It summarizes key cases that helped establish the rules and procedures for resolving domain name disputes, including the Anticybersquatting Consumer Protection Act (ACPA) and Uniform Domain Name Dispute Resolution Policy (UDRP). It also summarizes some specific domain name dispute cases, such as how minimum contacts requirements have been applied in international disputes.
The plaintiff, Coca Cola, filed a lawsuit against the defendant, Bisleri International, for trademark infringement and passing off. Coca Cola had acquired rights to trademarks such as Maaza from the previous owners. Bisleri was exporting Maaza products to Australia without permission. The court found that Bisleri had infringed Coca Cola's trademarks and granted an injunction preventing Bisleri from using the Maaza mark in India. However, Bisleri could continue manufacturing Maaza for export. On appeal, the injunction was upheld but Bisleri was allowed to manufacture Maaza on the condition that the products were only exported.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this issue:
Licensing to Foreign Manufacturers Satisfies Domestic Industry
Appeal Found to Be Moot in Light of “Side Bet”
Mere Design Choice Leads to Obviousness Finding
Design Patent Infringement Complaint Survives Dismissal
This lawsuit, filed in April 2017 in the Northern District Court of California, is styled as a class action by and on behalf of small business owners, against Yahoo's small business hosting and website services arm, called Aabaco. After the lawsuit was filed, Verizon acquired Yahoo and its services and assets. However, Verizon is not named in this lawsuit, since this lawsuit predated the acquisition closing date. However, Verizon has inherited this lawsuit.
This is a presentation of Intellectual property rights , how can we use them , what are its benefits and how the intellectual property is protected under these laws.
साकेत जिला न्यायालय के एकपक्षीय आदेश को रद्द करते हुए, जिसमें ब्लूमबर्ग को ज़ी के खिलाफ मानहानिकारक लेख हटाने का आदेश दिया गया था, सुप्रीम कोर्ट ने SLAPP मुकदमों और प्री-ट्रायल सेंसरशिप के खिलाफ चेतावनी दी
https://induslaw.com
India has been making conscious efforts in building and growing its innovation framework which is evident from the fact that the Indian Government recently acquired 127 patents for 6G technology. The Courts have also been vigilant in protecting the rights of creators and brand owners to usher the wave of innovation and drive business growth. This is rightly evident from the Court’s coming of age ruling in the ‘Subway v. Suberb’ case, and the recent ‘Swiggy domain name dispute’. Simultaneously, the High Court of Delhi declaring the stylized logo of the French luxury brand, Hermes as awell-known trade mark also indicates the Courts sheer eagerness in recognising and safeguarding the transborder reputation enjoyed by notable international marks. This edition also tracks an interesting litigation centred around design infringement where the Court passed injunction in order to protect the registered keyboard design of the Japanese company, Casio. The judgement is likely to have a positive impact on the existing framework concerning Industrial Design in India. A few snippets of this edition that are worth reading include the underlying tussle between Zee Music and Spotify, Joan Mitchell Foundation issuing Cease and Desist to Louis Vuitton over use of paintings in handbag advertisements, and NFT and Metaverse related trade mark filings of Yves Saint Laurent and Amazon. So, without further ado, let’s dive into this edition!
The judgment discusses implementing effective orders for removal of offensive online content. It notes technological limitations in fully removing content from the internet. It examines relevant cyber laws and seeks suggestions from an amicus curiae on directions to make orders enforceable. These include directing intermediaries to disable access and preserve information, as well as steps for law enforcement to prevent content from resurfacing on different platforms in defiance of court orders.
Lashaway vs MugshotsOnline.com, BustedMugshots.com and JustMugshots.comMugshot Removal
Plaintiffs Debra Lashaway and Phillip Kaplan filed a class action lawsuit against several websites that publish mugshots without consent. The lawsuit alleges that the defendants violated Ohio's right of publicity law by using the plaintiffs' mugshots and names to promote and sell their mugshot removal services without permission. The plaintiffs seek damages, injunctive relief, and attorney's fees on behalf of themselves and over 259,000 other individuals whose mugshots have been published without consent.
Amendment of claims under Article 19 before International Bureau (WIPO).
What is Art 19? What is allowed under Art 19?
Uses of International search report of a PCT application
Videaim IP, Delhi-NCR, Bengaluru
The Legal Battle That Built Lansdowne: Friends of Lansdowne Inc. v. Ottawa an...Upwork
The legal battle between Friends of Lansdowne Inc. and the City of Ottawa concerned the development of Lansdowne Park stadium. Friends of Lansdowne argued the city breached procurement laws in awarding the contract to Ottawa Sports and Entertainment Group. The Ontario Court of Appeal and counsel concluded Friends of Lansdowne did not have strong grounds for an appeal to the Supreme Court of Canada. Additionally, the Canadian International Trade Tribunal would not have jurisdiction to hear the complaint since the dispute involved a municipal contract.
This document is a plaintiff's second amended complaint filed in bankruptcy court. It names SMG Distribution & Associates Inc., Lil Pick Up Inc., and Renfeng Wang as defendants. The complaint alleges that the defendants took possession of inventory belonging to the plaintiff/debtor, Odes Industries, without authorization after the business relationship between the companies deteriorated. The plaintiff seeks turnover of the inventory and damages for unauthorized use of the inventory.
Madonna Ciccone v Madonna (Cyber Crime)Nusrat Zahan
The document summarizes a dispute resolution case between Madonna Ciccone (the Complainant) and the registrant of the domain name "madonna.com" (the Respondent). It finds that the domain name is identical to Madonna's trademark. While the Respondent claimed legitimate interests and non-commercial use, it failed to provide evidence to substantiate these claims. The panel determined the Respondent registered and used the domain name in bad faith to profit from Madonna's fame and trademark. It ruled the domain name should be transferred to the Complainant.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Matthew Professional CV experienced Government LiaisonMattGardner52
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India T.V vs. I.B.L.pptx
1. MIPR 2007 (2) 396
INDIA T.V. INDEPENDENT NEWS
SERVICES PVT. LTD. VS. INDIA
BROADCAST LIVE LLC & ORS.
Sakshi Antal
2. OUTLINE
Case Name: India T.V. Independent News Services Pvt. Ltd. vs.
India Broadcast Live LLC & Ors.
Citation: MIPR 2007 (2) 396, 2007 (35) PTC 177 Del
Decided on: 10th July 2007
Corum/Bench: Sanjay Kishan Kaul
Provisions: Sec. 9(1)(a),(b) ,(c) and sec 134 of the
Trademarks Act, 1999, Order 39 C.P.C, UDRP,
ICANN,
Personal jurisdiction (non-residents), subject
matter
3. 1. Whether personal jurisdiction can be applied by
the courts to the non-residents ?
2. Whether the impugned “mark” was infringed ?
3. Can mere access to a website allow a court to
constitute jurisdiction over a non-resident ?
5. The plaintiff, i.e. India T.V. Independent News
services launched their Hindi News Channel in India in
March 2004.
Their popular programs involve Breaking News, Aap ki
Adalat, Jago India etc.
Adopted the mark “INDIA TV” on 1st Dec 2002 and
applied for its registration in classes 38 and 41 in
2004.
The mark applied for in class 38 was published in
March 2006 and the mark in class 41 in February 2005
6. The use of the mark INDIA and TV being used was
published and no opposition to any of the
advertisements has been received within the
statutory period stipulated.
Plaintiff claims the mark “INDIA TV” to be a well
known mark having enormous reputation and fame and
being their original creation.
Plaintiff also owns the domain name “indiatvnews.com”
registered in 2003 for the purpose of live viewing.
7. The claim is against two defendants whose website
named as “indiatvlive.com” with words INDIA and TV
inserted inside a T.V. is owned by “godaddy.com” is
deceptive of the plaintiff’s mark.
Names and contact addresses were not mentioned
(mala fide)
INDIA BROADCAST LIVE and “indiatvlive.com” were
trademarks belonging to Defendant No. 2 (as per the
site)
8.
9. The claim is against two defendants whose website
named as “indiatvlive.com” with words INDIA and TV
inserted inside a T.V. is owned by “godaddy.com” is
deceptive of the plaintiff’s mark.
Names and contact addresses were not mentioned
(mala fide)
INDIA BROADCAST LIVE and “indiatvlive.com” were
trademarks belonging to Defendant No. 2 (as per the
site)
10. Registration of the impugned domain name by the
defendants constitutes infringement, passing off and
dilution of the plaintiffs mark besides unfair
competition.
Filed the suit for permanently restraining defendants
from using the mark INDIA T.V., sell it to anyone
else or use it in any manner or any form. (para 10)
Defendants claim that the present court is forum non
conveniens and that they have not infringed any right
of the plaintiff.
11. Different parties and Domains in Question:
1. Archer Media Communication Incorporated
(strategic relationship with IBL) (funded the impugned domain)
2. India Broadcast Live (IBL) (division of 2)
3. godaddy.com
4. jumptv.com (rival)
5. INDIA TV (P)
6. indiatvlive.com (IBL)
7. indiatvnews.com (P)
13. IA filed to seek an
interim injunction
restraining defendants
from using the mark
INDIA TV in any form
or at any place.
Defendants claim that
the present court is
forum non conveniens and
that they have not
infringed any right of
the plaintiff.
PLAINTIFF DEFENDANTS
14. Ex parte interim injunction
granted.
The case should be tried
in the present court only
because the Indian audience
have been targeted and the
defendants operate to gain
the benefit of the mark value
plaintiff possess in India.
Defendants file an I.A to
set aside the ex parte
order.
Def. 1 is a company
formed in U.S having no
Indian presence.
Only promoters are well
known Indian journalists.
PLAINTIFF DEFENDANTS
15. Registration of the
impugned domain name by
the defendants
constitutes infringement,
passing off and dilution
of the plaintiff’s mark
besides unfair
competition.
The mark INDIA TV is
not capable of being
registered as the words
are of generic nature
and have direct
reference to the nature
of business of the
plaintiff.
PLAINTIFF DEFENDANTS
16. Again, an injunction was
filed against Def. 1 from
proceeding with the action
instituted by it in the
Arizona District Courts
against the plaintiff.
(In respect of reverse domain
name hijacking seeking a
declaration of non-infringement
of the plaintiffs mark by Def.1)
The case has been filed in
Arizona because all the
defendants are American
entities and this court is
forum non conveniens
The registering authority
is in Arizona that is why
the case should be
prosecuted in Arizona
District Court.
PLAINTIFF DEFENDANTS
17. The defendant filed that
case before the response
from the present court.
The orders of the injunction
are not being followed since
the IP address of the
domain is still visible
instead of indiatvlive.com
which is against the orders
of court.
No basis of the present
case because there is no
visual similarity in the
marks.
“indiatvlive.com” has been
removed & only the original IP
address have been put which
is within the limits of the
law.
PLAINTIFF DEFENDANTS
18. Different views of
different courts on same
matter would cause chaos
and injustice.
The present court has
complete reason to listen
the present matter as it
involves business,
advertising and profits in
India.
District court of Arizona
has personal jurisdiction
over both Def. 1 and 3.
Plaintiff has not registered
the mark INDIA TV yet
and is misrepresenting
facts.
No steps will be taken in
Arizona until further order
PLAINTIFF DEFENDANTS
19. There is no long arm'
statute as such in India
which would deal with
jurisdiction as regards
non-resident defendants.
Things that can be
considered in India for the
personal jurisdictional for
non-residents are:
Courts in U.S checks 3
factors to determine
jurisdiction for non-
residents. (para 29)
Long arm statutes was
enacted for this purpose.
If personal jurisdiction is
challenged by the Def. the
B.O.P is on plaintiff.
PLAINTIFF DEFENDANTS
20. 1. Whether the defendant's activities have a sufficient
connection with the forum state (India)?
2. Whether the cause of action arises out of the
defendant's activities within the forum?
3. Whether the exercise of jurisdiction would be
reasonable?
PLAINTIFF
Panavision vs Dennis
21. Hence, the defendant is
carrying on activities
within the jurisdiction of
this Court; has sufficient
contacts with the juris. of
the Court and our claim
has arisen as a consequence
of the activities of Def.1
within the jurisdiction of
this Court.
Personal jurisdiction
cannot be exercised over
non-residents merely
because their website is
accessible within the
jurisdiction of the court.
There has to be something
more to indicate
purposeful direction of
activity to the forum
state in a substantial way.
PLAINTIFF DEFENDANTS
22. Def.1 has contacts in
India for personal
jurisdiction to be
exercised by this Court.
Website of the defendant
can be accessed from Delhi
is sufficient to invoke the
territorial jurisdiction of
this Court in the light of the
judicial principles enunciated.
Even if a small part of
the cause of action arises
within the territorial
jurisdiction of the High
Court, the same by itself
may not be considered to
be a determinative factor
compelling the High Court
to decide the matter on
merits. (Kususm vs. UOI)
PLAINTIFF DEFENDANTS
23. Though the mark 'INDIA
TV consists of the word
'India' which has a
geographical connotation
in the context of news
channels, 'INDIA TV' as
a combination is
distinctive and is entitled
to protection
A domain name as an
address must, of
necessity, be peculiar and
unique and where a
domain name is used in
connection with a
business, the value of
maintaining an exclusive
identity becomes critical.
PLAINTIFF DEFENDANTS
24. UDRP Panel provided for
in the policy can only
provide for cancellation
or transfer of the
impugned domain name
and not damages or
rendition of accounts as
has been prayed for by
the plaintiff in the
present suit.
In the present situation
situation; remedy
provided by ICANN would
be an equally efficacious
and appropriate remedy
and the plaintiff has
approached this court
mala fide instead of
approaching ICANN.
PLAINTIFF DEFENDANTS
25. The defendant claims
that the marks INDIA
and TV is incapable for
registration and yet have
applied for the mark
INDIABROADCASTLIVE
and 'INDIATVLIVE‘
themselves.
The impugned domain
name was changed and
the IP address was
added instead which now
has been rectified as
“indiabroadcastlive.com”
PLAINTIFF DEFENDANTS
27. IA 2611/2007 allowed.
Defendants were restrained from proceedings
the suit in Arizona
The order of 91.01.2007 was modified and
the domain name “indiatvlive.com” was allowed
to be used with a disclaimer
28. Since the respondents have discontinued the
use of impugned domain name and shifted to
“indiabroadcastlive.com” ; with a redirection
notice on typing the impugned domain name;
the respondents rectified the situation and
hence there is no further need to proceed
with the petition.
DISPOSED
29. Zippo Mfg. Co. v. Zippo Dot Com, Inc., 952 F. Supp 1119 (W.D Pa. 1997)
Cybersell Inc. v. Cybersell Inc, (Case No. 96-17087 D.C No. CV-96-0089-
EHC)
CompuServe Inc. v. Patterson, 89 F. 3d 1257 (6th Cir. 1996).
Casio India Co. Ltd. v. Ashita Tele Systems Pvt. Ltd., 2003 (27) PTC 265
(Del.)
Kusum Ingots and Alloys Limited v. Union of India, (2004) 6 SCC 254
Citi Corporation and Anr. v. Todi Investors and Anr. 2006 (33) PTC 631
Panavision International LP v. Dennis Toppen; Network Solutions Inc D.C.
Case No. CV-96-03284-DDP. Appeal No. 97-55467 *
Important cases among the one’s referred
Important cases among the one’s referred
30. Before considering to exercise personal jurisdiction over a non-resident the
court should ensure certain factors and their possibilities under 3 main
factors as discussed above .
Mere accessibility of website at a particular place is not a reason enough to
exercise jurisdiction, other factors and involvement must be proved by the
plaintiff.
The infringement of the mark can be determined by the court but whether
the mark is competent or not that is not under the court’s competency.
Important points