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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

Mere addition of suffix or prefix to a mark does not remove likelihood of confusion

December 05 2017

The appellant was aggrieved by the order of permanent injunction passed in favour of respondent who runs fast food restaurant and was using the name ‘Adiga’, ‘Vasudev Adiga’ and various other combinations with ‘Adiga’.

No claim of exclusivity lies by use of mark similar to registered trademark as descriptive word

December 05 2017

The plaintiff was registered proprietor of marks ‘Swadi’ and ‘Swadisht’ in respect of rice. It used the word ‘Swaad’ as part of its tagline.

Shape marks serving as indication of origin

December 05 2017

At issue was the invalidation of trademark, namely the shape of London taxi and its revocation for non-use.

Mandatory e-sealing of containers by exporters

November 01 2017

To facilitate exports and to provide relief to exporters, Central Board of Excise & Customs (CBEC) has dispensed with the requirement of seeking the presence of jurisdictional officer for supervising stuffing of export cargo.

Limitation Act not applicable for proceedings under IBC

October 13 2017

The National Company Law Appellate Tribunal held that the Limitation Act, 1963 is not applicable to the Insolvency & Bankruptcy Code, 2016. NCLAT further held that debentures fall within the meaning of ‘Financial Debt’ irrespective of the amount of interest attached to them.

Demerged resultant entity eligible to position itself as a ‘financial creditor’

October 13 2017

Financial Creditor (Reliance Commercial Finance Limited) made an application to the National Company Law Tribunal, Ahmedabad to initiate insolvency resolution process against Corporate Debtor (Anil Nutrients Limited) under Section 7 of the Insolvency and Bankruptcy Code.

Trademark infringement when products involved are different

October 13 2017

In a case pertaining to a suit for trademark infringement and passing off, in the mark “Vogue”,  the trial court had vacated the ex-parte interim injunction in favour of the plaintiffs(Advance Magazine Publishers Inc).

Copyrights - Sound recording rights different from literary or musical rights

October 13 2017

A Division Bench of the Bombay High Court has dismissed the appeal filed against the Single Judge Order granting an interim injunction, restraining the defendants (Trimurti Films Pvt. Ltd)  from releasing the film “Baadshaho” with the song “Keh Doon Tumhe”.

Are Belated Claim Amendments of Granted Patents Permitted?

October 13 2017

In a recent order dated August 01, 2017, the Singapore Court of Appeal [See end note i], upheld the High Court’s order

22nd meeting of GST Council – Certain reliefs

October 11 2017

The GST Council recently held its 22nd meeting to discuss various issues being faced by the industry under the new GST regime.

Consolidated FDI Policy

September 12 2017

Government of India has released the latest Consolidated FDI Policy, 2017 (FDI Policy 2017), effective from August 28, 2017.

21st GST Council meeting – Major decisions

September 11 2017

The GST Council met in Hyderabad on 9th September 2017 to discuss and decide on various issues including extension of date for filing GST returns.

GST/VAT liability in case of chain of successive supplies

September 04 2017

In a case involving supply of goods by a taxable person in the first State where, before such supply transaction is entered into, the purchaser, who is a taxable person in the second State, expresses an intention to resell the goods immediately, before transporting them from the first State to a taxable person established in a third State, the Court of Justice of the European Union has held the first transaction to be liable to VAT, as they constituted internal supplies.

Valuation of ATF available in fuel tank of aircraft returning from foreign trip

September 04 2017

CESTAT Delhi has rejected the contention of the Revenue department that valuation of Aviation Turbine Fuel available as remnant fuel in the aircraft returning from foreign trip, has to be done by including 20% as notional freight charges in terms of Rule 10(2) of Customs Valuation Rules.

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