Analysing The Dynamic Effects Of Registration In Trademark Infringement In Light Of Dr. Reddys Laboratories Ltd. V. Fast Cure Pharma
https://www.livelaw.in/articles/dynamic-effects-registration-trademark-infringement-dr-reddys-laboratories-fast-cure-pharma-250149
https://www.livelaw.in/articles/dynamic-effects-registration-trademark-infringement-dr-reddys-laboratories-fast-cure-pharma-250149
www.livelaw.in
Analysing The Dynamic Effects Of Registration In Trademark Infringement In Light Of Dr. Reddys Laboratories Ltd. V. Fast Cure Pharma
Recently, the Delhi High Court in Dr. Reddys Laboratories Ltd.v. Fast Cure Pharma[1] ruled that โTrademark Rectification Petition can be filed in any High Court within whose jurisdiction the...
๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
Analysing The Dynamic Effects Of Registration In Trademark Infringement In Light Of Dr. Reddys Laboratories Ltd. V. Fast Cure Pharma https://www.livelaw.in/articles/dynamic-effects-registration-trademark-infringement-dr-reddys-laboratories-fast-cure-pharmaโฆ
๐จโโ๏ธ๐ฅ Dr. Reddys Laboratories Ltd. v. Fast Cure Pharma 2023
Sections 47, 57, and 124 of the Trademarks Act, 1999 talk about the revocation, rectification, and the procedural hearing of such trademark suits.
Issues- the contention before the court was whether the said petition of removal and rectification would lie to the Delhi High Court, where the infringement took place, or to the Calcutta High Court, where the trademark of the respondent was registered. Therefore, the issue of territorial jurisdiction was presented before the court
The court, following the principle of โest exclusio alteriusโ, observed that the Trademark Act of 1999 neither expressly approves nor excludes any High Court from taking up the matter related to alteration under sections 47, 57 and 124. Also, going by the general definition of the โHigh Courtโ under the General Clauses Act, the court negated the claim that only the Calcutta High Court would have jurisdiction over the case.
Dynamic Effects of Registration
The principle of the dynamic effect of registration basically embodies that the jurisdiction would not be limited to the territoriality of the registration. It states that since the substantial matter in the case includes the issue of registration as well as the infringement of the trademark, a dynamic approach has to be taken to resolve it. Therefore, rather than sticking to the principle of territorial jurisdiction of registration, the dynamic effect also allows the trademark owner to file the suit for the infringement, where the actual infringement took place
The court relied on the case of Girdhari Lal Gupta v. K. Gian Chand & Co[3], wherein it was held that โthe application could be made either before the High Court having jurisdiction over the office of the Controller of Designs which granted registration to the design or any High Court within whose jurisdiction the โdynamic effectโ of the registration could be felt.
@CurrentLegalGK
Sections 47, 57, and 124 of the Trademarks Act, 1999 talk about the revocation, rectification, and the procedural hearing of such trademark suits.
Issues- the contention before the court was whether the said petition of removal and rectification would lie to the Delhi High Court, where the infringement took place, or to the Calcutta High Court, where the trademark of the respondent was registered. Therefore, the issue of territorial jurisdiction was presented before the court
The court, following the principle of โest exclusio alteriusโ, observed that the Trademark Act of 1999 neither expressly approves nor excludes any High Court from taking up the matter related to alteration under sections 47, 57 and 124. Also, going by the general definition of the โHigh Courtโ under the General Clauses Act, the court negated the claim that only the Calcutta High Court would have jurisdiction over the case.
Dynamic Effects of Registration
The principle of the dynamic effect of registration basically embodies that the jurisdiction would not be limited to the territoriality of the registration. It states that since the substantial matter in the case includes the issue of registration as well as the infringement of the trademark, a dynamic approach has to be taken to resolve it. Therefore, rather than sticking to the principle of territorial jurisdiction of registration, the dynamic effect also allows the trademark owner to file the suit for the infringement, where the actual infringement took place
The court relied on the case of Girdhari Lal Gupta v. K. Gian Chand & Co[3], wherein it was held that โthe application could be made either before the High Court having jurisdiction over the office of the Controller of Designs which granted registration to the design or any High Court within whose jurisdiction the โdynamic effectโ of the registration could be felt.
@CurrentLegalGK
โค3๐1๐ฏ1
BREAKING| Ex-SC Judge Justice AM Khanwilkar Appointed As Lokpal Chairperson
https://www.livelaw.in/top-stories/ex-sc-judge-justice-am-khanwilkar-appointed-as-lokpal-chairperson-250674
https://www.livelaw.in/top-stories/ex-sc-judge-justice-am-khanwilkar-appointed-as-lokpal-chairperson-250674
www.livelaw.in
Ex-SC Judge Justice AM Khanwilkar Appointed As Lokpal Chairperson
The President of India has appointed former Supreme Court judge Justice AM Khanwilkar has been ap
๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
BREAKING| Ex-SC Judge Justice AM Khanwilkar Appointed As Lokpal Chairperson https://www.livelaw.in/top-stories/ex-sc-judge-justice-am-khanwilkar-appointed-as-lokpal-chairperson-250674
๐ฎโโ๏ธ๐ฐ Lokpal has jurisdiction over central government to inquire into allegations of corruption against its public functionaries including the Prime Minister, cabinet ministers, members of parliament, Group A officials of the Central Government and for matters connecting them.
๐ The Lok Pal and Lok Ayuktas Act was passed in 2013. As per Section 4 of the Act, the Chairperson and Members shall be appointed by the President after obtaining the recommendations of a Selection Committee consisting ofโ
(a) the Prime MinisterโChairperson;
(b) the Speaker of the House of the PeopleโMember;
(c) the Leader of Opposition in the House of the PeopleโMember;
d) the Chief Justice of India or a Judge of the Supreme Court nominated by himโMember;
(e) one eminent jurist, as recommended by the Chairperson and Members referred to in clauses (a) to (d) above, to be nominated by the PresidentโMember.
1๏ธโฃ The first Lok Pal Chairperson, Justice PC Ghose, was appointed in March 2019. Justice Pradip Kumar Mohnaty has been officiating as the Acting Chairperson of Lok Pal since May 2022
๐จโโ๏ธ At the Supreme Court, Justice Khanwilkar was part of several Constitution judgments such as the decriminalisation of homosexuality, Sabarimala women entry, validty of Aadhaar etc. He also led the bench which upheld the exoneration of Narendra Modi in the 2002 riots case, upheld the validity of the provisions of the Prevention of Money Laundering Act and FCRA amendments.
@CurrentLegalGK
๐ The Lok Pal and Lok Ayuktas Act was passed in 2013. As per Section 4 of the Act, the Chairperson and Members shall be appointed by the President after obtaining the recommendations of a Selection Committee consisting ofโ
(a) the Prime MinisterโChairperson;
(b) the Speaker of the House of the PeopleโMember;
(c) the Leader of Opposition in the House of the PeopleโMember;
d) the Chief Justice of India or a Judge of the Supreme Court nominated by himโMember;
(e) one eminent jurist, as recommended by the Chairperson and Members referred to in clauses (a) to (d) above, to be nominated by the PresidentโMember.
1๏ธโฃ The first Lok Pal Chairperson, Justice PC Ghose, was appointed in March 2019. Justice Pradip Kumar Mohnaty has been officiating as the Acting Chairperson of Lok Pal since May 2022
๐จโโ๏ธ At the Supreme Court, Justice Khanwilkar was part of several Constitution judgments such as the decriminalisation of homosexuality, Sabarimala women entry, validty of Aadhaar etc. He also led the bench which upheld the exoneration of Narendra Modi in the 2002 riots case, upheld the validity of the provisions of the Prevention of Money Laundering Act and FCRA amendments.
@CurrentLegalGK
๐4๐3๐ฏ2โค1
๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
๐ฎโโ๏ธ๐ฐ Lokpal has jurisdiction over central government to inquire into allegations of corruption against its public functionaries including the Prime Minister, cabinet ministers, members of parliament, Group A officials of the Central Government and for mattersโฆ
๐๐จ Which was the 1st case on handcuffing restraints also what are the new provisions related to handcuffing under BNSS, 2023
#Question
@CurrentLegalGK
๐1
Indiaโs continued refusal to ratify U.N. Convention Against Torture lacks substance โ The Leaflet
https://theleaflet.in/indias-continued-refusal-to-ratify-u-n-convention-against-torture-lacks-substance/
Human rights of prisoners, accused.
https://theleaflet.in/indias-continued-refusal-to-ratify-u-n-convention-against-torture-lacks-substance/
Human rights of prisoners, accused.
The Leaflet
Indiaโs continued refusal to ratify U.N. Convention Against Torture lacks substance โ The Leaflet
NHRC's radio silence on the absence of express definition of torture in Indian law and jurisprudence is deafening.
๐1
#Essay
Deepfake and its Legal Implications in India
(500 words) 2 genuine entries mudt for model summary.
Hint: Related with IT Act for sure.
@CurrentLegalGK
Deepfake and its Legal Implications in India
(500 words) 2 genuine entries mudt for model summary.
Hint: Related with IT Act for sure.
@CurrentLegalGK
๐4๐1
Row over Karnataka temple Bill: What changes it proposed, how other states manage temple revenues ๐
#express_explained
#express_explained
The Indian Express
Row over Karnataka temple Bill: What changes it proposed, how other states manage temple revenues
The Karnataka temple Bill was defeated in the state Legislative Council. Why has the BJP criticised it, and how different is it from the law already in place? What has the Congress govt said?
๐1
National Science Day: The Raman Effect, which CV Raman won the Nobel for ๐
#c_v_raman #explained_sci_tech #express_explained #national_science_day
#c_v_raman #explained_sci_tech #express_explained #national_science_day
The Indian Express
National Science Day: The Raman Effect, which CV Raman won the Nobel for
In 1986, the Government of India designated February 28 as National Science Day, to commemorate the announcement of the discovery of the โRaman effectโ. Here is more about CV Raman and his groundbreaking discovery.
Is Lord Krishnaโs Dwarka under water? The many legends, traces of a lost city ๐
#devbhoomi_dwarka #express_explained #express_premium #lord_krishna
#devbhoomi_dwarka #express_explained #express_premium #lord_krishna
The Indian Express
Is Lord Krishnaโs Dwarka under water? The many legends, traces of a lost city
PM Narendra Modi recently performed underwater prayers at โDwarka Nagariโ, believed to be the kingdom of Lord Krishna. Since the start of the 20th century, several attempts have been made by scholars to establish the location of Dwarka as mentioned in theโฆ
๐1
Why did the Supreme Court ban Patanjali from advertising its products? ๐
#explained_law #express_explained #patanjali_ayurved #supreme_court
#explained_law #express_explained #patanjali_ayurved #supreme_court
The Indian Express
Why did the Supreme Court ban Patanjali from advertising its products?
The apex court lambasted Baba Ramdevโs Patanjali for publishing misleading advertisements, and banned it from marketing its products until further orders are passed.
๐4๐ฏ1
๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
#Essay Deepfake and its Legal Implications in India (500 words) 2 genuine entries mudt for model summary. Hint: Related with IT Act for sure. @CurrentLegalGK
No entries means no Model Essay.
If you are lazy then you know me as well ๐๐
If you are lazy then you know me as well ๐๐
Understanding Of People's Problems Makes Us Better Lawyers And Judges, Not Just Legal Knowledge : CJI DY Chandrachud
https://www.livelaw.in/top-stories/cji-dy-chandrachud-supreme-court-bar-association-felicitation-event-250758
https://www.livelaw.in/top-stories/cji-dy-chandrachud-supreme-court-bar-association-felicitation-event-250758
www.livelaw.in
Understanding Of People's Problems Makes Us Better Lawyers And Judges, Not Just Legal Knowledge : CJI DY Chandrachud
In a felicitation function organised by the Supreme Court Bar Association (SCBA) for the newly sworn-in judges, Chief Justice DY Chandrachud shared insightful wisdom for judges and young lawyers,...
๐3
๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
Understanding Of People's Problems Makes Us Better Lawyers And Judges, Not Just Legal Knowledge : CJI DY Chandrachud https://www.livelaw.in/top-stories/cji-dy-chandrachud-supreme-court-bar-association-felicitation-event-250758
โI believe decision-making is somewhat like, to borrow the words of a distinguished scholar, riding a bicycle. If you are teetering out of control, it is unlikely that a complicated theory will help you restore the balance. In the moments of imbalance, we are unlikely to find solutions in very complicated, theoretical statements of the law or policy. The stabilising influence in such moments of crisis is often a very simple idea of justice. The strength of a simple idea lies in the fact that it comes from the vast experience of a judge as a lawyer, as a student of the law, and as a discerning, observing member of the society.โ
@CurrentLegalGK
@CurrentLegalGK
๐4๐3
๐
https://youtu.be/WkhrL8NMycU
@CurrentLegalGK
If you are born today then learn maths to understand your birth datehttps://youtu.be/WkhrL8NMycU
@CurrentLegalGK
YouTube
Neil deGrasse Tyson Explains Why We Have Leap Days
Whatโs going on with Leap Year? Neil deGrasse Tyson and comedian Chuck Nice explain why we sometimes have that extra day in February.
Learn about the rotation and orbit of the Earth and how our orbit isnโt exactly 365 days. What is the difference betweenโฆ
Learn about the rotation and orbit of the Earth and how our orbit isnโt exactly 365 days. What is the difference betweenโฆ
๐1
๐๐ผ๐พ๐ธ๐ โ๐โโ๐ผโ๐ ๐ธ๐ฝ๐ฝ๐ธ๐โ๐ ๐น๐ช- โ๐๐ฅ๐ฆ๐ฃ๐๐ ๐๐ฆ๐ค๐ฅ๐๐๐ โข
๐ If you are born today then learn maths to understand your birth date https://youtu.be/WkhrL8NMycU @CurrentLegalGK
๐ค
The Gregorian Calendar was then introduced on October 4th 1582 and, to realign it to the Julian Calendar, it was necessary to eliminate ten days by passing directly to October 15. And therefore from 5 to 14 October no one was born, no one died. Nothing happened.
Leap year on every year divisible by 4 and 400 but not every 100 year due to 365.2422 days in a revolution (not a round figure) so Yes 2000 was an Amazing Year which was divisible by 400.
@CurrentLegalGK
Fact on leap year ๐The Gregorian Calendar was then introduced on October 4th 1582 and, to realign it to the Julian Calendar, it was necessary to eliminate ten days by passing directly to October 15. And therefore from 5 to 14 October no one was born, no one died. Nothing happened.
Leap year on every year divisible by 4 and 400 but not every 100 year due to 365.2422 days in a revolution (not a round figure) so Yes 2000 was an Amazing Year which was divisible by 400.
@CurrentLegalGK
๐จ3๐2๐1