Lakmé vs Derma Co: Sunscreen Ad Pulled Down After Disparagement Claim — What The Courts Say About Trademark Disparagement In the competitive world of skincare, even sunscreen can spark courtroom battles. In a recent legal development, Hindustan Unilever Ltd (HUL), the parent company of Lakmé, informed the Delhi High Court that it would remove advertisements
... Continue Reading.Month: April 2025
Appointing Arbitrators Following the Approval of Resolution Plans: Adopting A Pro-IBC Stance
[Udai Yashvir Singh and Aditi Gupta are 5th year students at National Law University Delhi] The principle of clean slate was propounded by the Supreme Court in the seminal case of CoC of Essar Steel India Limited v. Satish Gupta. The principle essentially entails that any claim which is pending before a court or arbitral tribunal or any claim which has
... Continue Reading.THE ANCILLARY RELIEFS CANNOT BE ENFORCED ONCE THE PRIMARY RELIEF HAS BEEN DECLARED TO BE TIME-BARRED.
THE ANCILLARY RELIEFS CANNOT BE ENFORCED ONCE THE PRIMARY RELIEF HAS BEEN DECLARED TO BE TIME-BARRED. The Hon’ble Supreme Court laid down the principle of law which states that the Ancillary reliefs cannot be enforced in a situation where the primary reliefs claimed have been declared to be time-barred. In legal sense, ancillary relief refers
... Continue Reading.Figuring out sufficient level of human intervention in BTS Research International v. Controller
In BTS Research International v. Controller of Patents, the Calcutta HC decided an appeal against the Controller’s order that refused to grant a patent to a trihybrid cell. The cell was held to be ‘part of an animal/human’ which is unpatentable u/s. 3(j). In my research, this is the first time CHC has decided a case
... Continue Reading.To Register or Not to Register ? – MSMEs and Arbitration Act
[Anirudh Goyal is a practicing advocate at the Calcutta High Court, and Jaspreet Singh is a final year undergraduate student at the WBNUJS, Kolkata] On multiple occasions, the Supreme Court, followed by various High Courts, has emphasised upon registration being a prerequisite for availing benefits under the Micro, Small and Medium Enterprises Development Act, 2006 (“MSMED Act, 2006”)
... Continue Reading.Restricting Carry-Forward of Losses: Analysing Reforms to the Income Tax Act
[Megha Porwal and Manav Pamnani are 3rd year B.A., LL.B. (Hons.) students at the NALSAR University of Law, Hyderabad] The Union Budget presented on 1 February 2025 marks a significant development in the jurisprudence pertaining to direct taxes in India. This is because it introduces a substantial amendment to sections 72a and 72AA of the Income Tax Act, 1961 (IT Act). The Bill proposes the insertion of
... Continue Reading.PPL Cannot Issue Licenses for Sound Recordings Without Being Registered as a Copyright Society: DHC
In an order contrasting with the previous decisions on the issue, a DHC DB has held that PPL cannot issue or grant licences for sound recordings without registering itself as a copyright society or becoming a member of any registered copyright society. In this long post, Kartik Sharma explains the judgement and its implications in
... Continue Reading.[Part II] Cryogas Judgment: Supreme Court Stops Copyright from ‘Gaslighting’ Design
Continuing the discussion on the Supreme Court’s decision in Cryogas Equipment Private Limited v. Inox India Limited and Others, Aditya Bhargava writes on the question of “functional utility” and how it informs the two pronged test by the Court. Aditya is a third-year law student at the National Law School of India University, Bangalore. His
... Continue Reading.DLA Piper Advised Safeguard Global On The Sale Of Its Global Enterprise Payroll Division To Deel
DLA Piper advised Safeguard Global on the sale of its global enterprise payroll division to Deel DLA Piper advised Safeguard Global, a leading provider of workforce enablement solutions, on the sale of its global enterprise payroll division to Deel, a global payroll and HR platform provider. The cross-border transaction combines Safeguard Global’s extensive enterprise payroll
... Continue Reading.[Part I] Cryogas Judgment: Supreme Court Stops Copyright from ‘Gaslighting’ Design
Breaking down the key parts of the Supreme Court’s decision in Cryogas Equipment Private Limited v. Inox India Limited and Others, Aditya Bhargava discusses the jurisprudence on the difference between copyright and industrial designs and the two-pronged test to distinguish between the two intellectual properties adopted by the Court in this case. In Part II
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