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The Hon’ble Supreme Court, in its recent Judgment, Brihan Karan Sugar Syndicate Private Limited Vs. Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana [1], held that the volume of sale and extent of advertisement, of the product in question, will be a relevant consideration for deciding whether the Appellant (Plaintiff) had acquired reputation or goodwill. Facts of the…

India’s economic landscape has witnessed a significant transformation in recent decades, characterized by the rapid growth of innovative industries and the increasing importance of intellectual property rights (IPR). Simultaneously, the nation has been vigilant in maintaining a competitive market through its robust competition law framework. This article delves into the complex interplay between competition law…

Frequently tucked away in the fine print or presented fleetingly at the beginning or end of a production, disclaimers serve as a means to protect creators from potential legal repercussions and navigate the intricate web of personality rights. The use of disclaimers in various forms of creative content is not a novel phenomenon; it has,…

The Consumer Protection Act stands as a beacon of consumer empowerment and protection in the modern era. In contrast to the Arbitration and Conciliation Act, which primarily addresses commercial disputes, the Consumer Protection Act places the well-being of individuals at the forefront by rolling the cog wheels of summary process while adjudicating on the veritable…

Filing of patent working statements (Form 27s) in respect of granted Indian patents is a unique and significant, yet controversial, requirement under Indian patent jurisprudence. It is part of the patent bargain, i.e., patents should be worked in the countries where they are granted so that socio-economic benefits ensue therefrom. Lack of patent working can…

The Delhi High Court Rules Governing Patent Suits, 2022 (‘the Rules’), which were notified on 24th February 2022, have now been in effect for more than a year. This period allows us to assess its impact, appreciate the positive changes introduced by it, while also acknowledging areas that may still need improvements. In general, the Rules…

In the second instalment of our series delving into the jurisdictional overlap in India’s data protection landscape, we shift our focus to the intersection between consumer protection law and data protection law. Much like our previous exploration of the overlap between data protection and cyber security, this nexus raises questions regarding jurisdictional overlap between  regulatory authorities.…

Amidst the substantial discourse concerning the provisions of the India’s Digital Personal Data Protection Act of 2023 (“DPDP Act”), a provision of considerable significance, particularly when viewed through the perspective of a litigator, has largely escaped attention. Section 38 of the Act provides that the “…provisions of this Act shall be in addition to and…

The Hon’ble Supreme Court recently addressed the question of universal / unlimited applicability of the doctrine of merger while deciding appeals filed by the builder/developer of a housing project (“Builder”) against an order passed by the National Consumer Disputes Redressal Commission (“NCDRC”). The impugned order directed the Builder to refund the amount collected from the…

Case name: Royal County Of Berkshire Polo Club Ltd & Ors Versus Lifestyle Equities C V & Ors (Neutral citation: 2023: DHC: 6156-DB) Background Lifestyle Equities, owner of the Beverly Hills Polo Club (BHPC) trademarks, had filed a commercial suit against Royal County of Berkshire Polo Club in the Delhi High Court in 2019, challenging the…