Our Associate, Madhurima Gadre discusses “US Supreme Court Holds That Booking.com Is Not A Generic Mark” Recently, in an 8-1 ruling, the US Supreme Court held that BOOKING.COM is not a generic mark and is capable of acquiring a trade mark registration. Booking.com B.V., an enterprise that operates a travel reservation website, sought federal registration...
Our Associate, Madhurima Gadre discusses “Recent Changes in Product Packaging and Listing Requirements in India” The ongoing COVID-19 pandemic has gravely affected countries across the world, including India. In an effort to boost India’s struggling economy in light of the pandemic, the Hon’ble Prime Minister recently, in a speech, stressed on the importance of “Aatmanirbhar...
Our Senior Associate, Shruhita Amit discusses “Google’s Recent Policy Change for Tackling Counterfeiters” Google recently updated its Legal Trouble Shooter Form to facilitate the removal of webpages featuring counterfeit goods from its organic (non-advertisement) search results. This is in line with the approach that it has taken for some other types of take-down requests/notices such...
Our Associate, Anand Kumar discusses “Intermediaries’ Liability In Defamation Tussle “ On June 2, 2020, the Delhi High Court, in Sasikala Pushpa v. Facebook India & Ors., decided an important question concerning the role and liability of intermediaries in the context of defamation. The court clarified that intermediaries defined under the Information Technology Act, 2000...
Our Associate, Anand Kumar discusses “Intermediaries’ Liability In Defamation Tussle “ On June 2, 2020, the Delhi High Court, in Sasikala Pushpa v. Facebook India & Ors., decided an important question concerning the role and liability of intermediaries in the context of defamation. The court clarified that intermediaries defined under the Information Technology Act, 2000...
Our Associate, Madhurima Gadre discusses “Defense of Prior Use of the Mark is not Established if the Use is Intermittent and not Voluminous” The Delhi High Court, in a dispute between two Indian mattress companies, namely, Peps Industries Pvt. Ltd. and Kurlon Limited, has clarified the manner of use of the mark necessary to establish...
Our Associate Aishwarya Pande discusses “Long Arm Jurisdiction in India” The recent decision of the Delhi High Court in the case of HT Media Ltd & Anr. v. Brainlink Ltd. & Ors. [CS(COMM)119/2020] [Read here: https://sc-ip.in/2020/05/15/anti-suit-injunctions/] has raised a question whether the Hon’ble Court might have exceeded its jurisdiction in passing an anti-suit injunction. It...
Our Senior Associate, Urfee Roomi discusses “The Case of the Bois Locker Room and the Role of Intermediaries” Recently, the social media platform, Instagram, caught public attention for all the wrong reasons when obscene messages shared among members of a private chat group called ‘Bois Locker Room’ became public. While objectionable content shared on this...
Our Associate Aishwarya Pande dissscuss “Anti-Suit Injunctions“ Recently the Delhi High Court, in HT Media Ltd. & Anr. v. Brainlink International Inc. & Anr., granted an anti-suit injunction, restraining Brainlink International Inc. (the “Defendant”) from prosecuting a legal proceeding initiated by it against HT Media Ltd. (the “Plaintiff”) before the Eastern District of New York...
Our Associate, Anand Kumar discusses “AMADAY v. ANADAY” The Hon’ble Delhi High Court, in an order dated May 6, 2020, refused to pass an order of interim injunction in favour of Ajanta Pharma Ltd. (“Plaintiff”) against use of the mark ANADAY by Zuventus Healthcare Ltd (“Defendant”) on and in relation to breast cancer medication. [Ajanta...
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