04 Sep 2018

In a recent case of Disney Enterprises, Inc. and Ors. vs. Pankaj Aggarwal and Ors. [CS (Comm.) 449/2016, I.A. 2107/2014 and I.A. 2110/2014], the Delhi High Court dealt with the issue of character merchandising and upheld that the use of the character “Lightning McQueen” violated the copyrights of Disney (Plaintiff) and also the rights in the character.>>

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21 Aug 2018

In a recent Trademark infringement matter, the Delhi High Court has held that in order to qualify as infringement under Section 29(5) of the Trademarks Act, 1999 (“Act”) there has to be exact use of the registered mark and mere use of a prefix/suffix would not amount to infringement. The Court was hearing a trademark infringement matter wherein the defendant had used a word “MERCYKIND” as part of its trade name which was allegedly similar to that of Plaintiff’s registered trademark “Mankind”.>>

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06 Aug 2018

Yet another attempt has been made by the legislative authorities to reduce the number of frivolous cases and expedite the disposal of cases on dishonour of cheques by amending the Negotiable Instruments Act, 1881 (“Act”) to provide interim relief to the genuine/bona-fide complaints. The amendment is an attempt to help trade and commerce in general by allowing lending institutions, including banks, to continue to extend financial support to the productive sectors of economy.>>

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09 May 2018

The Department of Telecommunication has released the Draft National Digital Communications Policy[i] (“The Policy”) on the May 1st 2018, and has invited public comments on the same. This policy aims to accomplish objectives such as broadband for all, creating 4 million additional jobs, enhancing contribution to GDP, achieve better ranking in ICT index, provide digital sovereignty and such other goals by 2022.  In pursuit of India’s transition to a digitally empowered economy and society, the policy envisages following three missions:>>

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22 Apr 2018

It shall be recalled that the Ministry of Corporate Affairs of India (MCA) vide notifications in September 2017 had disqualified many directors and strike off names of many companies from the Register of Registrar of Companies, for failure to file MCA annual returns/annual financial statements, MCA had de-activated the Director Identification Number (DIN) of Directors who were disqualified. Hence, the disqualified Directors were not able to file the overdue annual returns or any other forms with the MCA. Feeling remediless, the disqualified directors of “struck off” companies have again started approaching High Court to seek suitable directions.>>

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27 Feb 2018

From a tax perspective, 2017 was eventful for India. It witnessed application of GAAR (General Anti Avoidance Rules) from April 1, 2017, shifting of the indexation base year from 1981 to 2001[1] for the purpose of capital gains taxation, reduction in corporate tax rate to 25 % for companies having a turnover less than INR 50 Crores among various other tax reforms.>>

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