Author: Legal 60

NCLAT Sets Aside NCLT Order In Encore ARC Case; Says COVID Limitation Directions & Section 18 Acknowledgment Overlooked Introduction The National Company Law Appellate Tribunal (NCLAT) has set aside an order of the NCLT Mumbai Bench which had dismissed a Section 7 application filed by Encore Asset Reconstruction Company Pvt Ltd against Pandhe Constructions Pvt

NCLT Mumbai Rules Pre-CIRP Statutory Liens Survive Moratorium; RP Cannot Seek Removal Of Lawfully Created Attachments Introduction The National Company Law Tribunal, Mumbai Bench, has ruled that a Resolution Professional (RP) cannot seek removal of statutory attachments or liens that were validly created prior to the commencement of Corporate Insolvency Resolution Process (CIRP). The Bench

In a new guest post, Rajesh Kumar and Akanksha Badika discuss Section 2(q) and the relevance of the word “live” in defining what legally constitutes performance. By applying the statutory rules of interpretation, they conclude that the qualifier “live” added after the 2012 amendments limits the scope of what constitutes performance to live performances and

Delhi High Court Restores 8 Trademarks; Holds Expiry Notice To Revoked Agent Not Valid Compliance Under Section 25(3) Introduction The Delhi High Court has allowed renewal of eight trademarks after holding that expiry notices sent to an unauthorised agent do not amount to compliance with Section 25(3) of the Trade Marks Act, 1999. The Court

Recently, a division bench of the Delhi High Court refused to intervene with an interlocutory order restraining Canva, from using its “Present and Record” feature. Priyam discusses that the order side-steps the appellant-defendant’s submission on section 3(k), relying on statutory presumption of validity. Priyam is a third-year student at NLSIU, Bengaluru and is deeply interested

Baba Ramdev Moves Delhi High Court Against AI Deepfakes; Seeks Injunction To Protect Name, Voice And ‘Yoga Guru’ Persona Introduction The Delhi High Court has taken up a petition filed by Baba Ramdev seeking protection of his personality rights against alleged misuse of his name, likeness, voice and distinctive style through artificial intelligence-generated content and

In November last year, the CGPDTM granted India’s first olfactory mark for rose-like smelling tyres. Adding to the discussion on the blog (here and here), Gaurav Dhaiya writes in favor of the order, inter alia explaining how the 7-dimensional vector representation qualifies as a graphical representation. Gaurav Dahiya is a PhD candidate at NLSIU, Bengaluru,

Madras High Court Pulls Up Patent Office For Mechanical Pre-Grant Notices; Orders Decision On 14-Year-Old Merck Cancer Drug Application Introduction The Madras High Court has cautioned the Intellectual Property Office against mechanically issuing notices upon receipt of pre-grant patent oppositions, observing that such an approach makes it “very easy to defeat the rights” of patent

Delhi High Court Lifts Injunction On Getmyuni; Holds Publicly Available University Data Can Be Used If Not Disparaging Introduction The Delhi High Court has set aside injunction orders restraining an edtech platform from using the names, information and details of two universities on its website. The Court held that publicly available information can be used,

Trilegal advised Blackstone Inc. on investment in AI infrastructure provider Neysa Networks Private Limited The leading law firm in India, Trilegal represented BCP Asia II Topco V Pte. Ltd., an affiliate of funds managed by Blackstone, on its primary investment in Neysa Networks Private Limited (“Neysa”), a fast-growing artificial intelligence acceleration cloud platform in India