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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

Trademark infringement – Distinction in services provided, is material

June 21 2017

A Single Judge of the Delhi High Court has on 22-05-2017 vacated the earlier ex-parte interim injunction in a case involving trademark infringement where the mark “PINDROP” was used by the plaintiffs for recording studio business (class 41) and the mark “PINDROP MUSIC” was used by the defendants for an online application to provide music to consumers (class 42).

Exhaustion of patent right when patentee sells patented product

June 21 2017

The US Supreme Court has held that patentee’s decision to sell a product exhausts all of its patent rights in that item, regardless of any restrictions the patentee purports to impose.

17th GST Council Meeting – Certain highlights

June 20 2017

India is all set to embrace the new tax - Goods and Services Tax (GST) from 1st of July, 2017. The GST Council consisting of Finance Ministers of all the Indian States along with the Union Finance Minister, held its 17th meeting on 18-6-2017 to finalise certain Rules and proposals.

RERA - Operative provisions notified

June 08 2017

RERA is a legislation that has been formulated with a view to (i) protect the interest of the allottees by promoting transparency, accountability and efficiency in the construction and execution of real estate projects by promoters and (ii) establishing uniformity, standardization of business practices and transactions in the real estate sector.

Corporate Insolvency Resolution Process – NCLT clarifies scope of ‘operational debt’

June 08 2017

The National Company Law Tribunal (NCLT) has passed an order on dated 31-3-2017 interpreting the definitions of ‘operational creditor’ and ‘operational debt’ under the Insolvency and Bankruptcy Code, 2016 (Code).

Pendency of winding up petition when not bars initiation of corporate insolvency process

June 08 2017

If a notice for winding-up is served to the corporate debtor/respondent company or if the application for winding-up is pending before the High Court and no order has been passed as on date: an application under Insolvency Bankruptcy Code, 2016 (IBC) can be filed with the National Company Law Tribunal (NCLT) without any leave from the High Court.

Corporate insolvency proceedings can be initiated for dishonour of post-dated cheques

June 08 2017

Issuance of post-dated cheques to any person will amount to acknowledgement of legally enforceable liability;

Reimbursement of salary not FTS under India-UK DTAA

May 30 2017

The assessee paid a sum towards salary expenditure to employees deputed for providing assistance in management, setting up of business and so on.

Draft ICDS in respect of real-estate transaction

May 30 2017

In exercise of powers conferred in section 145(2) of Income-tax Act, 1961, Central Government had notified Income Computation and Disclosure Standards (‘ICDS’) vide Notification No. 87/2016 dated 29th September 2016.

Trademark infringement – Similarity of marks to be considered first

May 26 2017

Observing that the marks FERANTA and INTAS’ FERINTAS are sufficiently distinguishable and does not satisfy Section 29(2)(b) of the Trade Marks Act, a Single Judge of the Bombay High Court has refused to grant an interim injunction in favour of the Plaintiffs in a trademark infringement and passing off suit.

Trademarks – German origin word which is not indicative of business, is not generic

May 26 2017

Taking note of the fact that plaintiff had acquired a distinctive reputation and goodwill of its own under the trade names “ASIAN HAUS” and “SUSHI HAUS” for its food delivery outlets, Delhi High Court has restrained the defendants by an interim injunction from using the name “HAUS” for latter’s food delivery outlets in the name of “Curry Haus”.

Patents – Correction under Section 78

May 26 2017

Delhi High Court has set aside the ‘deemed to be withdrawn’ status of a patent application and restored the Indian National Phase application.

Vacation of interim injunction on basis of non-binding undertaking, not correct

May 26 2017

A Division Bench of the Delhi High Court on 12 April 2017 has set aside the decision of the Single Judge Bench wherein the latter had vacated the earlier ex-parte interim injunction granted in favour of the Plaintiffs in a designs infringement case.

ITC on goods used in construction of silos, available

May 25 2017

Allahabad High Court has upheld the view of the Tribunal that input tax credit on MS Sheets utilized for construction of silo is available.

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