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Author: Surana

SURANA & SURANA > Articles posted by Surana

IPR NEWS – WEEKLY UPDATES FROM 11TH SEP – 17TH SEP

DIPALI SIKAND AND ORS v. SAMSUNG INDIA ELECTRONIC PRIVATE LIMITED AND ANR. A temporary injunction prohibiting Samsung India and one Story Experiences from using the trademark "CONCIERGE," which is being used by the Concierge conglomerate made up of Lesconcierges Services Pvt. Ltd. and Club Concierge Services (India) Pvt. Ltd., was issued by a civil court in Bengaluru on September 13th. Dipali Sikand, the founder of the plaintiff company, asserts ownership of the "CONCIERGE" trademark from May 2016.According to the claim, the plaintiff company created the 'President Club' loyalty programme for Samsung as part of the 'CONCIERGE' service with the intention of...

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THE SCOPE OF GEO-TAGGING OF IMMOVABLE ASSETS IN THE CORPORATE INSOLVENCY RESOLUTION PROCESS

THE SCOPE OF GEO-TAGGING OF IMMOVABLE ASSETS IN THE CORPORATE INSOLVENCY RESOLUTION PROCESS

Chinna Aswathy Abraham Associate, Dispute Prevention & Resolution “Geo-tagging refers to the process of adding geographical identification like latitude and longitude to an asset. The information included in a geo-tag may include place co-ordinates, bearings, altitude, distances, or even place names.”(1) This helps users access location specific information about an asset at the click of a few buttons, without having to physically travel to the said location. The Indian government has been using geo-tags to monitor assets in several of its national rural development programmes- such as the Mahatma Gandhi National Rural Employment Guarantee Act (‘MGNREGA’), the Integrated Watershed Management Programme, Per Drop...

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IPR NEWS – WEEKLY UPDATES FROM 4TH SEP – 10TH SEP

INVESTMENT FIRM METACAPITAL SUES META FOR INFRINGEMENT Investment firm Metacapital Management LP sued Meta Platforms Inc in Manhattan in federal court on Wednesday, alleging that the Facebook parent company's use of the name “Meta” to provide financial services would cause customer confusion and violate its trademarks. Metacapital has also asked the court for damages of at least $60 million, the same amount Meta Platforms paid last year to acquire the trademark assets of Meta Financial Group, a regional bank. The investment firm has been using their name since 2001 whereas the name Meta Platforms which has been revamped from Facebook since 2021. CHAAYOS V. CHAIPOS This is...

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IPR NEWS – WEEKLY UPDATES FROM 28TH AUG – 3RD SEP

SONY MUSIC INITIATES COPYRIGHT INFRINGEMENT AND BREACH OF CONTRACT LAWSUIT AGAINST TRILLER Sony sued the platform seeking damages as the application failed to pay the license fees agreed upon back in March 2022 after which it considered that their deal was terminated. Whereas, the platform still allowed sharing of music owned by Sony in the Application which Sony claims to have contributed to Copyright infringement. It is pertinent to mention here that the platform has already been in disputes especially in relation to payments and licenses, with a number of companies including the Universal group. GI REGISTRATION OF KASHMIR NAMDA AND GABBA...

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DOES THE STATE COMMISSION HAVE THE POWER TO SET ASIDE EX-PARTE ORDERS WHILE EXERCISING REVISIONAL JURISDICTION?

DOES THE STATE COMMISSION HAVE THE POWER TO SET ASIDE EX-PARTE ORDERS

T.G Niranjana, Associate, Dispute Prevention & Resolution It has been settled by a catena of judgments that the District Consumer Dispute Redressal Commissions do not have the power to set aside the ex-parte orders passed by them. The current trend to ‘overcome this difficulty’ is to file a Revision Petition before the State Consumer Dispute Redressal Commissions seeking to set aside the ex-parte orders passed by the District Commission. However, are such Revision Petitions maintainable in law? Power to set ex-parte: According to section 38(3)(b)(ii) of the Consumer Protection Act, 2019,(hereinafter referred to as ‘the Act’), the District Commissions are empowered to...

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BINDING THIRD PARTIES TO ARBITRATION – THE NEW NORM?

BINDING THIRD PARTIES TO ARBITRATION – THE NEW NORM

Shweta Surana, Assessment Intern INTRODUCTION One of the most fundamental cornerstones of arbitration is consent.  It is by virtue of this unique characteristic of arbitration, that only those parties which consented to the arbitration agreement can be bound by the agreement and the resulting arbitral award.  However, like all things go, there exists an exception for this principle as well.   Sometimes, there are certain disputes that cannot be resolved without involving a third party to the arbitration.  At times like this, it is crucial to decipher whether there exists implied consent of the third party to be bound by the arbitration agreement....

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The Baffling Case of Infosys Non-Compete Clause: A critical analysis

The Baffling Case of Infosys Non-Compete Clause

SARA SURESH, Associate, RE & Corporate During the month of April 2022, there were extensive discussions over the legality and enforceability of Non-Compete clauses among the IT workforce. Media Reports stipulates that the IT giant corporation, Infosys, had been summoned by both the Central Labour Commissioner and Karnataka Labour Department over the incorporation of Non-Compete clauses in their Employment Agreement.  According to the media reports, Infosys has been working with both the Central and State Government with regard to their Non-Compete issue.  Howbeit, the media has remained inactive and dormant over the issue for quite some months. In this article, let’s break down...

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IPR NEWS – WEEKLY UPDATES FROM 21ST AUG – 26TH AUG

ALLAHABAD LAW AGENCY V. AMAZON RETAIL INDIA PVT. LTD. & ORS The plaintiff is a book publishing company and had filed a lawsuit seeking permanent injunction against third party sellers in the e-commerce website of the defendant. The plaintiff alleged that pirated versions of the book, “the Law of Torts by Dr. R.K. Bangia”, was being sold in the e-commerce website by many sellers thereby committing copyright infringement. The plaintiff had claimed that the copyright of the book was bought by them from the author by an assignment deed executed in August, 1968 and after the death of the author, the...

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Case of Coca-Cola for Cancellation of US Trademarks based on“MISREPRESENTATION OF SOURCE” before the TTAB and CAFC

Case of Coco-Cola for Cancellation of US Trademarks

By P. Saranya, Senior Associate, IP Practice INTRODUCTION:                 The concept of identifying the source of manufactured goods by its unique brand or trademark was an ancient practice but its importance in trade and commerce was realized with the advent of the industrial revolution. Trademarks soon became an indispensable form of intellectual property rights in the industry of trade and commerce. Further, the mass production, sale and distribution of goods created a lot of confusion with regards to the trade origin of the goods thus giving rise to a creation of trade mark law.           In an economic scenario where, multiple manufacturers tried...

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IPR NEWS – WEEKLY UPDATES FROM 14TH AUG – 20TH AUG

FLIPKART INTERNET PRIVATE LTD. v. STATE OF NCT OF DELHI & ANR. The respondent company Sanash Impex Pvt. Ltd have procured the authorized rights to sell the cosmetic products of a Czech based company ‘DC DERMACOL’ in India . A FIR was filed against Flipkart by the complainant for trademark infringement of their mark ‘DC DERMACOL’ by unauthorized resellers who were selling fake products in Flipkart and Amazon. The complainant also alleged that this act was committed by them in collaboration and connivance with Flipkart, thereby accusing Flipkart of enabling the sale of fake DC DERMACOL cosmetics and charging the resellers...

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