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Author: MyLawyer

Best and Experienced Lawyers online in India > Articles posted by MyLawyer (Page 19)

Case Analysis: Timken Company v. Timken Services Private Limited

Timken Company v. Timken Services Private Limited CS(OS) No.3 of 2010Facts: The plaintiff, Timken Company registered a suit praying permanent injunction restraining the defendant, Timken Services Private Limited from infringing former’s registered trademark, “Timken”. Timken company, incorporated in the United States of American is the legally registered proprietor of the given trademark, “Timken” and its earliest registration dates back to the 01st June, 1942. Plaintiff also has its trademark registered in some other countries including Canada, New Zealand, Singapore, Australia, The U.K & The U.S. The trademark was adopted by the plaintiff corporate around more than hundred years ago in...

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Case Analysis: Wander Limited v. Antox India (P) Limited

Wander Limited v. Antox India (P) Limited Civil Suit No. 1220 of 1988Facts: Wander Limited, one of the defendants claims to be the registered proprietor of the registered trademark Cal-De-Ce came into agreement with Antox India (P) Limited, the respondent on 28-February-1986. Under the given agreement Antox agreed to produce Vitamin Calcium Gluconate Tablets under the trademark Cal-De-Ce and consequently sell the entire produced material to Wander Limited. Consequent to the pursuant and the implementation of the given agreement, Antox India (P) Limited applied for the necessary license from the Drug Controller, registered under the Drugs and Cosmetics Act, 1940....

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Case Analysis: Tata Sons Limited v. Gina Kilindo

Tata Sons Limited v. Gina Kilindo CS (OS) No. 46 of 2014Facts: The Plaintiff is a body corporate founded in the year 1917 and the same is a principal investment holding corporate of the Tata Group. Tata Sons Limited is the founder of the popular trademark TATA along with a T within the circle device mark. While, the defendant is owner of Tata Agro Holding Ltd, another defendant and also a registrant of the impugned domains named, tataagro.com, tataagro.biz and tataagro.net, and tataagro.org. Now, it was alleged by the plaintiff that both the defendants were trying to draw the unwary...

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Case Analysis: S.B.L. Limited v. Himalaya Drug Company

S.B.L. Limited v. Himalaya Drug Company (AIR 1998 Del 126)Facts: The Plaintiff, Himalaya Drug Company, deals in the production and sale of Ayurvedic products since the year 1930. While, the defendant is also engaged in the manufacture and sale of both Homeopathic and Ayurvedic medicines. Now, one of the medicines prepared by the plaintiff company is a liver tonic under the trademark Liv-52. Now, this trademark was registered on 10th July, 1957 and 15th February 1987 in the class five as both medical proponent and medical pharmaceutical for the treatment of liver disease. Now contention of the plaintiff is against...

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Case Analysis: Allied Blenders & Distillers Private. Ltd. v. Shree Nath Heritage Liquor Private. Ltd

Allied Blenders & Distillers Private. Ltd. v. Shree Nath Heritage Liquor Private. Ltd CS (OS) No. 2589 of 2013Facts: The Plaintiff, M/s Allied Blenders & Distillers Private Limited deals in the manufacture and sale of an Indian Made Foreign Liquor, Officer’s Choice which is one of the most known trademarks of the plaintiff company and has thus acquired a goodwill for its premium quality, distinctive packaging and pleasant taste and flavour. While, the defendant, Shree Nath Heritage Liquor Private Limited is also engaged in the business of blending, production and sale of a similar kind & type...

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Steps for Preparing a Non-Disclosure Agreement (NDA): Lawyers Advice

In the 21st century, every business has developed its own proprietary information, strategies, trade secrets, and intellectual property which is confidential to the business. Industries ranging from pharmaceuticals, softwares, cosmetics to food and beverages have businesses who hold a large amount of confidential information. For a business to maintain its competitive edge in the market, one needs to ensure that such sensitive information doesn’t fall in the wrong hands, for example- a rival competitor. A Non-Disclosure Agreement (NDA) is frequently used by businesses to prevent that from happening. A Non-Disclosure Agreement (NDA) refers to a legally binding contract signed between...

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Steps for Preparing a Vendor Agreement: Lawyers Advice

A business procures goods and services to engage in commerce efficiently on a day-to–day basis. Each product or service is acquired by a vendor dealing in the respective category of such goods. When dealings with vendors are frequent and involving transactions worth huge sums, entering into a vendor’s agreement facilitates things for a business. It ensures that the vendors deliver, which facilitates smooth business operations. A vendor agreement is a legal document which stipulates the terms and conditions of the vendor’s services to be hired by the business, outlining the expectations of both the parties. A meticulously drafted agreement...

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When an Application for Rectification of Trademark is Filed: Lawyers Advice

Trademarks are unique names, symbols, phrases or designs that can be represented graphically and can differentiate the business, product or service, of one company or person from that of others. The registration of a trademark of a product or service is significant for preventing any misuse of the same, thereby protecting the goodwill and reputation of the business. Rectification is a legal process through which any error or omission made in the details of the recorded trademark in the trademark registry, is corrected. The Trademarks Act, 1999 provides for rectification of registered trademarks in cases where the mark is wrongly...

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What is Trademark Opposition: Lawyers Advice

Trademarks are unique names, symbols, phrases or graphic designs that differentiates the business, product or service, of one company or person from that of others. It represents the identity of the company, and for the same reason, are registered under an application made under Section 18 of the Trademarks Act, 1999. However, a refusal known as ‘Opposition’ may be raised in the process of trademark registration. Rules 42 to 51 of the Trade Marks Rules, 2017 provide for the provisions concerning Opposition to Registration. If a trademark examiner reviews and approves the registration of a trademark, the mark will be...

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How to Prepare your Investment Term Sheet: Lawyers Advice

The term sheet is a initial document in any transaction which is a nonbinding agreement that serves as a template for basic terms and conditions and other relevant information. The terms sheet should mention that all the obligations discussed will be contingent upon the deal reaching its finalisation. It is an informal document which helps in having a broad understanding about the process and the expectations of the parties before entering into a formal deal. The term sheet is a standard agreement which is undertaken at a preliminary stage of the discussion between the investors and the founders during negotiation...

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