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Articles by Ashmi Mohan
Registrar Shall Not Re-Determine The Status Of A Trademark As
The Delhi High Court has recently clarified that if the Court has declared a trademark to be a well – known trademark, then the Registrar is only required to include the said trademark in the "List of Well-Known Trademarks" and cannot enter in to an exercise of re-determination. The facts leading to the present case1 are that TATA SIA Airlines ("Petitioner") operates its full-service Airline under the trademark VISTARA®.
Evidence by way of affidavit not mandatory for determining well-know status of the trademark
The Delhi High Court in its recent judgment[1] has clarified that for determination of well-known status of a trademark, evidence by way of affidavit cannot be held to be a mandatory requirement for grant of well-known status under the Trademark Act, 1999 (“TM Act”) and the Trademark Rules, 2017 (“TM Rules”).
"Shall" or "may": Supreme Court rules on whether IBC provisions relating to admission of CIRP admissions are mandatory or discretionary
Facts Decision Facts Vidarbha Industries Power Limited (the appellant) was an electricity generating company that had a coal-fired thermal power plant in the Nagpur district of Maharashtra. As per the Electricity Act 2003, the Maharashtra Electricity Regulatory Commission (MERC) controlled and regulated the appellant and determined the tariffs chargeable by the appellant.
Can a lawsuit alleging passing off be amended to include remedy against trademark infringement?
Facts Trial Court Karnataka‚Äč High Court The Karnataka High Court's recent judgment(1) in Milaap Social Ventures India Pvt Ltd v Google India Pvt Ltd(2) held that a plaint alleging passing off can be amended to include the remedy against trademark infringement where the cause of action is the same.
Is an application by a financial creditor maintainable once interest is due?
Facts Decision In its recent judgement in Base Realtors Private Limited v Grand Realcon Private Limited,(1) the National Company Law Appellate Tribunal (NCLAT) held that a financial creditor's application under section 7(2) of the Insolvency and Bankruptcy Code 2016 (the Code) is maintainable once the interest is due, even if the principal amount is not due and payable.
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