Monthly Archives: January 2012

No confusion between PLAX and CLAX

Intellectual Property Appellate Board (India) ruled that Colgate-Palmolive’s trademark PLAX and Cadila Pharmaceuticals Limited trademark CLAX are not similar as the goods for which the respective trademarks are used are different even though both the trademarks fall in Class 5. … Continue reading

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Inter-caste offsprings can’t be denied quota benefits:Supreme Court

The Supreme Court of India held that in an inter-caste marriage or a marriage between a tribal and a non-tribal the determination of the caste of the offspring is essentially a question of fact to be decided on the basis … Continue reading

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Section 514 of URAA does not exceed Congress’ authority under the Copyright Clause of the US Constitution: US Supreme Court

The US Supreme Court ruled that Section 514 of the Uruguay Round Agreements Act (URAA) does not exceed Congress’ authority under the Copyright Clause of the US Constitution. The Court said “The text of the Copyright Clause does not exclude … Continue reading

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No deduction for Rio Tinto under Income Tax Act: Delhi High Court

In am important decision, Delhi High Court ruled that even though Rio Tinto Technical Services (assessee) income in India was chargeable to tax as “business profits” under Article 7 and not as “fees for technical services” under Article 12 of … Continue reading

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Onus on Revenue Dept. to show that agent in India of a foreign company is not an agent of independent status under Indo French DTAA: ITAT

Income Tax Appellate Tribunal (Mumbai) ruled that the onus is on the Revenue Department to show that the agent in India of a foreign company is not an agent of independent status within the meaning of Article 5(6) of Indo … Continue reading

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Section 304 Part II and Section 338 of Indian Penal Code are mutually exclusive: Supreme Court

The Supreme Court of India clarified that Section 304 Part II and Section 338 of Indian Penal Code are mutually exclusive and can coexist. A person, responsible for a reckless or rash or negligent act that causes death which he … Continue reading

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Loss of earning to be judged with reference to the nature of work being performed: Supreme Court

The Supreme Court of India clarified that in the context of loss of future earning; any physical disability resulting from an accident has to be judged with reference to the nature of work being performed by the person suffering the … Continue reading

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Real Estate (Regulation and Development) Bill 2011

Indian Government is trying to build a consensus on Real Estate (Regulation and Development) Bill 2011. The Bill, framed as a Federal legislation, aims at establishing a uniform regulatory environment for the Real Estate sector to safeguard the interests of … Continue reading

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Hindustan Unilever cant claim monoply for words “Red Label”

Intellectual Property Appellate Board (India) affirmed the Deputy Registrar of Trademarks ruling that Hindustan Unilever Limited (a subsidiary of Unilever) trademark “Red Label” for tea is not distinctive and the words are common to the trade. Hence the appeal was … Continue reading

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IPAB (India) allows opposition proceedings against trademark “Raymond James”

Intellectual Property Appellate Board (India) refused to register the trademark “Raymond James” for applicant Raymond Financial, Inc. (Respondent) by allowing the appeal filed by Raymond Limited (Appellant) who is the proprietor of trademark “Raymond”. Earlier the Assistant Registrar of Trade … Continue reading

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