News
Trademark infringement – Distinction in services provided, is material
21 六月 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
21 六月 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
20 六月 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
08 六月 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’
08 六月 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
08 六月 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
08 六月 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
30 五月 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
30 五月 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
26 五月 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.