Suit Disposed Off Within Four Working Days

Anand and Anand represented Sanjay Garg of Raw Mango and the suit was disposed off within four working days, with both the parties resolving the issues amicably in a meeting mediated by FDCI President Sunil Sethi, Good Earth Founder Anita Lal, Pravin Anand and Journalist Shefalee Vasudev; she quoted “they accepted that they had both ended up creating designs that looked similar only in photographs but were borne out of different design trajectories and inspirations” Timeline: 24th June 2018 onwards – A dispute erupted between Fashion Designers Sanjay Garg and Vaishali Shadangule that was widely reported in the press and social media. 4th July 2018 – Case filed by Raw Mango against Vaishali Shadangule before the Delhi High Court. 5th July 2018 – Case came up before the Court. Notice issued upon the Defendant, to be served by e-mail. The Court also passed a direction that the parties should refrain from making irresponsible statements before the Press. 6th July 2018 – E-Mail Service was effectuated upon the Defendant. 8th July 2018 – Meeting of the Plaintiff and the Defendant along with well-wishers and representatives of the Fashion Development Council of India (“FDCI”). Suit settled. 9th July 2018 – The application for settlement moved in Court and the suit finally disposed off in terms of the settlement and court fees of Rs.…
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EIH ltd. & Anr. v. Aahana Realty Pvt. Ltd. & Ors

The suit was filed for infringement of trade mark, passing off, dilution and damages etc., against defendants’ use of the mark ‘THREE SIXTY WEST’ for their hotel-cum-residential project infringes the plaintiffs’ statutory rights in the marks ‘three sixty’ and ‘three sixty one’ and use by the defendants of ‘OBEROI’ in conjunction with ‘THREE SIXTY’ infringes the plaintiffs’ rights in the trade mark ‘OBEROI’. Rejecting the application under Order 7 Rule 10 of the CPC, 1908 the Court held that the plaintiffs herein have pleaded effect of the action of the defendants within the territorial jurisdiction of this Court and sale of the project at Delhi through third party websites. All the said pleas in the plaint if proved, would confer territorial jurisdiction on this Court and the plaintiffs cannot be ousted treating the averments in the plaint to be false. The Court further held that though there can be no estoppel against statute and no conferment of jurisdiction by consent but it cannot also be lost sight of that CS(OS) No.892/2005 was filed by the plaintiffs against the defendants, who then also were carrying on business at Mumbai, restraining them from carrying on the said business of real estate, construction, hotels, spas and/or any cognate or allied business under the name and style ‘OBEROI’, ‘OBEROI SPAS’ and ‘OBEROI GROUP.’ The plaintiffs in the plaint in the suit aforesaid also, invoked the jurisdiction of this Court on the basis of the plaintiffs carrying on business at Delhi and the cause of action having accrued at Delhi owing to the defendants having advertised under the impugned mark in the ‘Times of India’ newspaper having circulation at Delhi.…
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India’s First Judgement On Standard Essential Patents

The long wait for players in the technological industry (be it telecom, audio-visual technology etc.) is finally over with the Delhi High Court delivering India’s first ever judgment on standard essential patents. One common judgment has been delivered in two suits against different entities, which claimed infringement of the same patent held by Philips, over its DVD-ROM players [Koninklije Philips N.V. & Anr. v. Rajesh Bansal, CS (COMM) 24 of 2016 and Koninklije Philips N.V. & Anr. v. Bhagirathi Electronics, CS (COMM) 436 of 2017] Philips, represented by Anand and Anand right from the institution of the first suit in 2009, claimed that its patents were essential to the DVD-ROM standards. Therefore, it claimed that the Defendants’ sale of DVD players was infringing their patent rights, since any DVD player necessarily used Philips’ patented (and standard-essential) technology. Refusal to secure licenses for the DVD technology, despite repeated requests by Philips resulted in initiation of lawsuits before the Delhi High Court. What made these cases extremely unique and intriguing was that SEP (standard essential patent) jurisprudence was in its developing stages in even the most advanced patent regimes in the world. Although the judgment requires a careful reading to understand India’s position on SEPs in general, brief highlights are below: PATENT VALIDITY (i) Patent validity was challenged by the Defendants on grounds of the claims being software and algorithm related.…
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Insecticides (India) Ltd. Vs. Parijat Industries (India) Pvt. Ltd- Defendent Restrained From Using The Mark “Victor” In Any Manner Whatsoever

In a suit involving Insecticides (India) Ltd. vs. Parijat Industries (India) Pvt. Ltd… “the plaintiff (Insecticides India Ltd.) filed a suit against the defendant (Parijat Industries (India) Pvt. Ltd) for passing off its insecticides and any kind of agro chemical or other products, by adopting the mark ‘VICTOR 80’ which is similar/deceptively similar to the mark ‘VICTOR’ of the plaintiff.“ The subject matter came up for hearing on 11th July 2018 in Delhi High Court, before Hon’ble Mr. Justice Rajiv Sahai Endlaw for pronouncement of judgment. The Hon’ble Judge granted time to Parijat Industries to exhaust the existing stock of Victor-80 on or before 30th September, 2018 and thereafter, the Parijat Industries has been restrained from using the mark “Victor” in any manner whatsoever w.e.f. 1st October, 2018. The suit was decreed in favor of the Plaintiff with the following findings: (i) That the Plaintiff is the prior user since 2002, as admitted by the Defendant whereas the Defendant claims use since 2010; (ii) The Defendants’ documents only show use since 2015; (iii) That since Defendants are required to keep documents for at least 3-7 years as per law, the only inference is that the plea of use since 2010 is false; (iv) Once it is concluded that the Defendants are using the mark since 2015, the plea of delay, acquiescence and waiver disappears.…
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Colgate Vs. Coldent – Vessel Containing Infringed Goods Freezed

Colgate commenced its operations in India in 1937 and since then, has been a popular household name. In July 2018, the plaintiff (COLGATE-PALMOLIVE COMPANY & Colgate Palmolive (India) Limited) was informed by its investigators in China that on 29thJune, 2018 a ship containing large quantities of infringing toothbrushes bearing the mark COLDENT was to depart from a port at Ningbo, China and was scheduled to reach Kolkata ports via Krishnapatnam Port located in Nellore, Andhra Pradesh. Anand and Anand represented Colgate and apprised the Delhi High Court of this peculiar situation and also provided the court with various details such as the name of the ship, container number and the port details. However, the name of the Indian importer was unknown. The Hon’ble judge was further apprised regarding the various trademark registrations of Colgate and was shown the similarity between the trade dress of its products and the infringing product. The Hon’ble Judge noted the fact that the Importer had used the first name of Colgate, and has taken ‘dent’ of ‘dental’ to make it coldent, and has also taken the words, double action used by Colgate on its toothbrushes. The learned judge took note of Section 140 of the Trademarks Act vide which the proprietor or licensee of a trademark may give notice in writing to the Customs Officials to prohibit the import any goods that may amount to infringement of their registered trademarks and the Customs Officials may require the importer of the goods or his agents to produce documents and particulars in his possession relating to the goods and to furnish information regarding the importer and exporter.…
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Delhi High Court Grants Damages And Costs In Favor Of Tata Sons Limited

In a matter (Tata Sons Vs. Jayaram Ayaa) listed before the Delhi High court today, Anand and Anand’s application seeking a summary judgment was allowed and the Hon’ble Judge has granted damages and costs in favor of the Tata Sons Limited. The Defendant was not present on the day of hearing i.e. 11th July 18 and the Hon’ble Judge after hearing Anand and Anand’s arguments noted that there was no need to issue any notice to the Defendant in its application. The Hon’ble Judge further noted that in this case there is no need for the Plaintiff to lead evidence as the Defendant has no real prospect of succeeding on the claim or successfully defending the claim. Moreover, in this case, the right of the Defendant to file written statement had been closed and issues were also not framed. Anand and Anand was granted Rs. 5 lacs as damages and Rs. 4,57,770 as costs to be recovered from the Defendants. The Defendants were also directed to destroy all the infringing goods, seized from them, in presence of plaintiff’s representative.…
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Payments firm PhonePe buys Zopper Retail

Payments company PhonePe on Monday said it has bought the point-of-sale (PoS) business of Zopper, a hyperlocal mobile marketplace for small and medium-sized businesses. The acquisition, which is part of a broader strategy to ramp up its offline business, comes months after PhonePe launched its own point-of-sale device for small merchants. As part of the deal, Zopper founder and chief executive officer Neeraj Jain will join PhonePe, heading its offline merchants business. Zopper Retail, which is the PoS arm of Zopper, currently counts several million small and medium-sized businesses as customers on its platform. “Zopper has a very strong technology and innovation DNA, and Neeraj and team are also a great culture fit for PhonePe. Zopper Retail is specifically designed to meet the needs of millions of small retailers in India, and their strategy ties in very well with our overall vision of making digital payments universally accepted across the country,” said Sameer Nigam, co-founder and CEO, PhonePe Internet Pvt. Ltd, now owned by Flipkart. The terms of the deal were not disclosed. Zopper, which was founded by Surjendu Kuila and Jain, counts the likes of Tiger Global Management, Nirvana Ventures Advisors and Blume Ventures as investors. Over the past 6-12 months, PhonePe has been aggressively expanding its offline merchant network, as part of a broader goal of establishing itself as the pre-eminent digital payments brand across the country.…
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Aurobindo acquires Apotex Inc’s biz in 5 European countries for 74 mn euros

Hyderabad’s Aurobindo Pharma has signed a definitive agreement to acquire Canadian pharmaceuticals company Apotex International Inc’s commercial operations and certain supporting infrastructure in five European countries for €74 million (Rs 5.93 bn) in an all-cash deal. The acquisition will extend and diversify Aurobindo’s European product portfolio by adding over 200 generics and more than 80 over-the-counter products that had total sales of 133 million euros in the year ending March 2018. Aurobindo clocked a sales of €577 million in Europe last fiscal. The Hyderabad-based company, in fact, led the pack amongst Indian pharma majors with a 33 per cent year-on-year rise in sales in EU market last financial year. V Muralidharan, senior vice-president of European operations for Aurobindo, said, “This acquisition is a key step towards our goal of becoming one of the leading generics companies in Europe.” Although some of these businesses are currently loss-making, Aurobindo “expects them to return to profitability when combined with its vertically integrated platform and existing commercial infrastructure”. Aurobindo’s step-down subsidiary, Agile Pharma B V (Netherlands) has signed a definitive agreement with Canadian pharmaceuticals company Apotex International Inc. The company expects to close the deal in three-six months. The acquisition includes a portfolio of over 200 prescription drugs and 88 OTC products and an additional pipeline of over 20 products, which are expected to be launched over the next two years.…
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SC Collegium reiterates Justice K M Joseph’s elevation as apex court judge

The Supreme Court Collegium Friday reiterated the name of Uttarakhand Chief Justice K M Joseph for appointment as apex court judge. It also recommended Madras High Court Chief Justice Indira Banerjee and Odisha High Court Chief Justice Vineet Saran as Supreme Court judges. The Supreme Court’s decision to reiterate Justice K M Joseph’s name for elevation comes in the background of the controversy over the government asking the Collegium to reconsider its recommendation to elevate him to the apex court. A reiteration by the Collegium would make it incumbent upon the government to issue a warrant for the appointment of Justice Joseph to the Supreme Court. The same Collegium under Chief Justice of India Dipak Misra had unanimously recommended Justice K M Joseph’s name in January, stating that he “is more deserving and suitable in all respects than other Chief Justices and senior puisne Judges of High Courts for being appointed as Judges of the Supreme Court of India”. Earlier this month, Union Minister Ravi Shankar Prasad said the Centre was within its rights to “seek a reconsideration” of a name recommended by the Supreme Court collegium for appointment as judge and to give its inputs, adding that it was not right to say that the government was committing a “cardinal sin” by giving its views.…
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LIC board approves acquiring 51% stake in IDBI Bank through preferential share allotment

Life Insurance Corporation of India board on Monday gave its approval to buy 51 per cent stake in debt-ridden public sector lender IDBI Bank Ltd. Department of Economic Affairs Secretary Subhash Chandra Garg, who was also a part of the LIC board representing government, told media persons that the since the bank needs funds, the LIC would choose preferential share route to increase its stake. Experts say LIC could get at least four seats in the IDBI Bank board. Currently, the government holds 81 per cent stake in IDBI Bank. Garg also said that since the combined shareholding of both the government and LIC would be over 90 per cent, and that public shareholding is too low, an open offer might not be on the cards. He, however, clarified that LIC could make an open offer if needed. The deal would now have to be approved by both the Cabinet as well as the IDBI Bank board. Experts say there might not be an open offer, and acquisition, as Garg said, would happen by issuing preferential shares. According to the takeover plan approved by the Insurance Regulatory and Development Authority (IRDA), the state-owned insurance company would not have any management control over the state-owned bank.…
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Singapore’s Symple Wellness Platform Acquires Pune-based AllizHealth, Rebrands to ‘Vivant’

Singapore based Health Tech startup Symple Wellness Platform (“SWP”), has acquired Pune-based AllizHealth (“AIH”), a wellness & health analytics platform for an undisclosed sum. AIH will be rebranded to “Vivant”, SWP’s operating brand. The acquisition dramatically speeds up Vivant’s expansion into the India market and brings with it a robust technology architecture, a strong operating team of almost 40 people across various functions, and close to 750,000 end customers. Three AIH Co-Founders will continue with Vivant: Chinmoy Mishra as Chief Business Development Officer, Dr. Rasmi Mishra as Chief Product Innovation Officer & Gaurav Vij as Chief Technology Officer. The combined platform will provide a comprehensive digital health offering with over 6,500 partners with strengths across the care spectrum to empower individuals to engage with their health to get healthy, stay healthy or manage disease. The platform will also deliver solutions emphasising maternal health, menstrual health, diabetes, orthopaedics, cardiovascular, child nutrition and elder care. Customers will also have access to Vivant’s Advisory Board, which includes internationally and nationally recognized experts across key fields that impact individual and community wellbeing. Anupa Naik, CEO of Vivant, said, “This acquisition brings with it an outstanding team and technology capabilities that will strengthen our ability to help customers engage with their health meaningfully and productively.…
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Centre Rejects Collegium Recommendation On Delhi High Court Chief Justice

The government has turned down a recommendation of the Supreme Court collegium to appoint Aniruddha Bose, a judge of the Calcutta High Court, as the chief justice of the Delhi High Court. After keeping the file pending for over five months, the government told the collegium to reconsider its decision. The government said that Justice Bose, who has been a judge since 2004, doesn’t have any experience as a chief justice to handle such a prominent high court. The government wants the collegium to recommend another name in place of the 59-year-old Justice Bose for the Delhi High Court, which has been without a full-time chief justice for more than a year now. The government had recently stalled the elevation of Uttarakhand High Court Chief Justice KM Joseph to the Supreme Court citing seniority and regional representation. (Credit: NDTV)…
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