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News & Briefings

The latest updates on relevant areas of law, curated by our team to be the most useful to clients as well as fellow legal practitioners.

News

Design infringement – Prior publication and mere trade variation, fatal

01 March 2019

1st March The Division Bench of the Delhi High Court has upheld the interim decision of the single Judge in a case where defendant had alleged prior publication of the plaintiff’s design based on web-shots from Wayback machine, containing internet arch

E-Form INC-22A ACTIVE – Companies (Incorporation) Rules amended

26 February 2019

26th February On February 21, 2019, the Ministry of Corporate Affairs (“MCA”), in exercise of its powers under the Companies Act, 2013 (“Companies Act”) issued the Companies (Incorporation) Amendment Rules, 2019 (“Incorporation

Trademark - No exclusive meaning to term ‘BOOKMY’

21 February 2019

21st February The Delhi High Court has held that word &lsquo;BOOKMY&rsquo; has not attained exclusive meaning with respect to the plaintiff&rsquo;s &lsquo;BookmyShow&rsquo;, and that the term BOOK MY is descriptive and part of the common English parlance.<br

State enactment for saving VAT recovery post GST, valid

20 February 2019

20th February Kerala High Court has held that Kerala VAT Act does not stand fully repealed with the 101st constitutional amendment and that the State has legislative powers to enact saving clause under Section 174 of the Kerala GST allowing depart

Copyright suit by owner who is not a copyright society, maintainable

18 February 2019

18th February In a case involving copyright in sound recording, the Delhi High Court has held that an individual owner, despite having granted license to copyright society, can further grant licenses with respect to copyright works owned by him, and sue the

Company seeking voluntary removal under Section 248(2) be treated sympathetically

08 February 2019

8th February NCLAT has held that a company seeking voluntary removal of its name from register of companies should be treated sympathetically by the Registrar. It was held that such company should not be resisted from taking benefits of provis

Insolvency and Bankruptcy Code is constitutionally valid: SC

01 February 2019

1st February Supreme Court has upheld constitutional validity of various provisions of Insolvency and Bankruptcy Code, 2016. It noted that the Code is a beneficial legislation which puts corporate debtor back on its feet, not being a mere recovery legi

Competition - Director can be proceeded against on violation of Sections 3 & 4

29 January 2019

29th January The Delhi High Court has held that officers or directors of a company can be proceeded against for violation of Sections 3 and 4 of the Competition Act, dismissing the plea that directors are punishable only where CCI order is not obeyed.

Insolvency proceedings can be initiated against ‘corporate guarantor’

22 January 2019

22nd January The NCLAT has held that without initiating Corporate Insolvency Resolution Process (CIRP) against the principal borrower, financial creditor can initiate CIRP against the Corporate Guarantors. It noted that as per IBC Section 5(8)

Trademark - Honest use of competitor’s mark for comparison allowed

21 January 2019

21st January The Delhi High Court has held that failure to point out competitor&rsquo;s advantage is not necessarily dishonest and that primary objective of Trademarks Sections 29(8) and 30(1) is to allow comparative advertising as long as the use is h

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