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Tag Archives: injunction
CPC Order XXVII Rule 8A ‘archaic’, no exceptional treatment for Government: SC
The Supreme Court of India recently held that no exceptional treatment can be given to the Government while considering the application for stay filed by the Government in proceedings under Section 34 of the Arbitration and Conciliation Act. Section 34 … Continue reading
Posted in Arbitration Conciliation Law, Company Law, Consumer Law, General Law, International Law, mediation
Tagged 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 36, 8A, Act, advocate, agreement, amendment, appeal, appellate, arbitral, arbitration, archaic, authority, award, bill, civil, code, conciliation, court, cpc, decree, delhi, dhingra, dsl, dslegal, dslegal.com, execution, firm, foreign, government, high court, hindustan, india, information, injunction, law, money, mrityunjay, order XVII, penalty, procedure, property, rules, section34, singh, stay, supreme, treatment, vijayvergiya
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Parties should seek remedies under Arbitration Act: BHC
The Bombay High Court recently held that when remedies are available to a party seeking an injunction under the Arbitration and Conciliation Act, 1996 (“Act”), an anti-arbitration injunction cannot be obtained to circumvent provisions of the Act. A three judge … Continue reading
Posted in Arbitration Conciliation Law, International Law, mediation
Tagged 1996, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, Act, adr, advocate, agreement, amendment, appeal, appellate, arbitration, article, authority, bill, bombay, code, complaint, conciliation, court, criminal, delhi, dhingra, dsl, dslegal, dslegal.com, firm, foreign, government, high court, hindustan, india, information, injunction, jurisdiction, law, mediation, mrityunjay, mumbai, party, penalty, procedure, property, remedy, rules, section34, section37, singh, supreme, USA, vijayvergiya
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Anti-arbitration injunctions cant be granted under Part II Arbitration Act: DHC
The Delhi High Court recently ruled that an anti-arbitration injunction cannot be given by courts in cases covered under Part II of the Arbitration and Conciliation Act unless it is incapable of being performed or inoperative. Part II of the … Continue reading
Posted in Administrative Law, Arbitration Conciliation Law, Contract Law, FDI, International Law
Tagged 1996, 2015, 2016, Act, advocate, agreement, amendment, anti-arbitration, appeal, appellate, authority, code, complaint, conciliation, contract, convention, court, criminal, delhi, dhingra, dsl, dslegal, dslegal.com, foreign, government, high court, hindustan, india, information, injunction, interim, law, mediation, mediator, new york, partI, partII, procedure, property, rules, sameep, section45, singh, USA, vijayvergiya
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SKECHERS trade dress copied; injunction granted: DHC
The Delhi High Court restrained a local shoe manufacturer from using the trade dress of US lifestyle shoe maker SKECHERS GOwalk series in relation to any of their products. Plaintiff SKECHERS sued defendant Pure Play Sports for copying their trade dress … Continue reading
Posted in Consumer Law, General Law, Intellectual Property Law, International Law, patent, patent law, Trade Law, trademark, traditional knowledge, TRIPS
Tagged 2015, 2016, Act, ad, advocate, amendment, amit, appeal, appellate, authority, confusion, consumer, copy, court, criminal, deception, delhi, dhingra, dress, dsl, dslegal, dslegal.com, firm, foreign, government, gowalk, high court, hindustan, india, information, injunction, intellectual, interim, law, lifestyle, offence, passing off, penalty, play, property, pure, rules, series, series1, series2, series3, shoes, sibal, singh, skechers, supreme, temporary, trade, trademark, USA, walmart
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ASTROL deceptively similar to CASTROL: MHC
The Madras High Court restrained a local manufacturer of oil and lubrication products from using the word ASTROL or any other deceptively similar words as their trademark in relation to any of their products to the plaintiff’s trademark CASTROL. The … Continue reading
Posted in Intellectual Property Law, International Law, patent, patent law, plant varieties Act, trademark, traditional knowledge, TRIPS
Tagged 2012, 2013, 2014, 2015, 2016, Act, advocate, agreement, appeal, appellate, article, astrol, authority, bill, castrol, chennai, code, complaint, court, criminal, deceptive, delhi, dhingra, dsl, dslegal, dslegal.com, express, firm, foreign, giant, government, high court, hindustan, india, information, infringement, injunction, intellectual, kingdom, law, lubrication, madras, mrityunjay, offence, oil, penalty, perpetual, procedure, property, restain, rules, singh, supreme, trademark, UK, united, USA, word
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URBAN EAGLE doesn’t infringe AMERICAN EAGLE: DHC
The Delhi High Court refused to grant injunction in favor of American clothing company American Eagle Outfitters for the use of the word ‘Eagle’ by Aditya Birla owned Pantaloons Fashion & Retail Limited on their products. The Court said that … Continue reading
Posted in Intellectual Property Law, International Law, patent law, trademark, traditional knowledge, TRIPS
Tagged 2014, 2015, 2016, abercombie, Act, aditya, advocate, aerie, amendment, american, appeal, appellate, article, authority, birla, company, complaint, court, criminal, delhi, device, dhingra, dsl, dslegal, dslegal.com, eagle, fashion, firm, fitch, foreign, government, group, high court, hindustan, india, information, infringement, injunction, intellectual, law, logo, outfitters, pantaloon, penalty, pennsylvania, procedure, property, retail, royalty, rules, singh, supreme, urban, USA, zaara, zara
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Manufacturer restrained using L&T as brand name: DHC
The Delhi High Court restrained a manufacturer of the electrical goods from using the words LNT/ELENTE or any other deceptively similar words as their brand name in relation to any of their goods to the plaintiff’s trademark L&T. Engineering giant … Continue reading
Posted in Intellectual Property Law, International Law
Tagged 2014, 2015, Act, advocate, appeal, appellate, complaint, court, criminal, delhi, dhingra, engineering, firm, government, high court, hindustan, india, information, injunction, intellectual, L&T, LandT, larsen, law, lnt, penalty, restarined, singh, supreme, toubro, trademark
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Courts can interfere in arbitration proceedings: CHC
The Calcutta High Court recently ruled that there is no blanket ban on courts to pass orders in arbitration proceedings in the interest of justice. The High Court was dealing with the issue of granting injunction against an arbitration proceeding. … Continue reading
Posted in Arbitration Conciliation Law, Contract Law, International Law, mediation
Tagged 2012, 2013, 2014, 2015, Act, advocate, agreement, alternative, amarchand, amendment, anti-arbitration, appeal, appellate, arbitration, authority, bilateral, calcutta, conciliation, court, dispute, foreign, high court, hindustan, india, injunction, interfere, interference, judicial, jurisdiction, justice, khaitan, kolkata, mangaldas, mechanism, mediation, null, oppressive, parties, proceeding, reliance, supreme, treaty, tribunal, unconscionable, vexatious, void
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Cipla restrained to make generic COPD drug: DHC
The Delhi High Court restrained domestic pharma company Cipla from producing and marketing a generic version of Novartis drug ‘Onbrez’ used for treating Chronic Obstructive Pulmonary Disease. Novartis sued Cipla for infringement of its Indian patents for drug ‘Onbrez’ containing Indacaterol … Continue reading
Posted in Intellectual Property Law, International Law, patent law, Trade Law
Tagged 2012, 2013, 2014, 2015, 48, 64, 8(3), 84, Act, active, advocate, agreement, amendment, API, appeal, appellate, article, authority, bench, chronic, cipla, company, complaint, compound, compulsory, copd, copyright, court, cpc, delhi, dhingra, disease, drug, generic, indacaterol, ingredient, injunction, license, lung, lupin, maleate, moiety, novartis, obstructive, onbrez, patent, pulmonary, restarined, revoke, salt, singh, smoke, smoking, supreme, temporary, trademark
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Dhingra & Singh 