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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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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WILMAR INTERNATIONAL LTD. ON ITS ACQUISITION OF A MAJORITY STAKE IN SHREE RENUKA SUGARS

Trilegal advised Wilmar International Ltd. and Wilmar Sugars Pte Ltd. on acquisition of a majority stake in Shree Renuka Sugars – India’s largest sugar producer and refiner – through a combination of a primary investment and an open offer to public shareholders. Trilegal acted as counsel to Wilmar on all aspects of the deal. This is India’s largest Agri-Resources deal, and was implemented in conjunction with a complex restructuring of the company’s debt. As part of the restructuring, lenders acquired a 33% stake in the company. Trilegal’s team was led by corporate partner Harsh Pais, along with Partners Kunaal Shah and Upasana Rao; Senior Associates Sanjam Arora and Anirudh Kapoor; Associates Pooja Menon and Pratha Agarwal. Competition Partners Nisha Kaur Uberoi and Soumya Hariharan lead the representation for CCI approval. Shree Renuka Sugars and its lenders were represented by Khaitan & Co., Crawford Bailey and Cyril Amarchand Mangaldas & Co.…
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Tatva Legal Enters Andhra Pradesh, Opens New Office At Vijayawada

Tatva Legal is delighted to announce the opening of its office at Vijayawada, Andhra Pradesh, to cater to the growing legal needs of its clients in the region. The office has three associates based there full-time, and Hyderabad-based Partner Rajeev Reddy G. will spend three days per week at the Vijayawada office. Tatva Co-founding and Hyderabad Partner Shailendra Komatreddy commented: “We were doing some work for the government of Andhra Pradesh for their capital city, that’s the rationale of why we opened there.” “There are a lot of investments going there,” he added. “We thought we’d have the first mover advantage.” We are also pleased to let you know that our Hyderabad office has now grown to 50 (fifty) lawyers including 6 (six) partners and that it has received the ‘Best Regional Law Firm in India’ award in 2018 from: The Idex Legal Awards, in association with Thomson Reuters; and Legal Era, in association with ET Now and Business Standard.…
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Tudor India’s factory in Gujarat to be acquired by Exide Industries

India’s largest automotive battery maker, Exide Industries, has entered into an agreement to acquire the Gujarat-based facility of Tudor India, the Indian – arm of Exide Technologies. Tudor is a subsidiary of GNB Industrial Power (UK) Ltd, and is part of Exide Technologies group. It used to manufacture and sell lead-acid storage batteries for automotive, 2 – wheeler and home-UPS applications under the Prestolite brand in India. “The company has entered into an ‘Asset Purchase Agreement’ with Tudor India towards acquisition of its immovable assets and movable assets of its factory situated at Sabarkantha district in Gujarat,” said Exide in a regulatory filing. The land is situated in Sabarkantha District of Gujarat and the asset purchase is expected to be completed within a month. In May 2017, Exide Industries declared it had reached an out-of-court settlement with Exide Technologies over rights for using the “Exide” mark in India. Tudor India and Exide Technologies were advised by Trilegal, led by Partner Ramakant Rai, Senior Associate Vipin Sharma and Associates Shradha Sachdev, Mehak Suri, and Saumya Sharma. As advisor to Tudor India and Exide Technologies, Trilegal was responsible for structuring and drafting the definitive documents and will be assisting in connection with closing of the transaction.…
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DSK advises ETG in acquisition of 40% shareholding of each ETC (India) & ETG from shareholders

DSK Legal advised ETG Pulses Bharat Limited (“ETG”) in relation to the acquisition of 40% of shareholding of each of ETC Agro Processing (India) Private Limited (“ETC”) and ETG Agro Private Limited from its existing shareholders, thereby holding 100% in both companies (“First Leg”). Pursuant to the acquisition, DSK Legal advised ETC with respect to the sale of its agricultural business to VR Agro Processors LLP by way of an asset transfer (“Second Leg”). DSK Legal assisted in inter alia (i) advising on structuring of the transaction; (ii) drafting and negotiating the relevant transaction documents and ancillary documents; (iii) drafting, reviewing and finalizing the conveyance deed; (iv) advising on stamp duty; and (v) execution and closing of the transaction. The team representing DSK Legal comprised of Mr. Tushar Ajinkya, Ms. Ankita Kashyap and Ms. Aakriti Dubey. For the First Leg, Khaitan & Co. advised ETC and for the Second Leg, Khaitan & Co. advised VR Agro Processors LLP.…
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ELP appoints two members to Strategy & Planning, Defense & Aerospace practices

On May 01, Economic Laws Practice (ELP), a leading full-service law firm in India, announced the appointment of two significant members to its team: Ashutosh Gupta as Partner of Strategy & Planning and Karishma Maniar as Associate Director of Defense & Aerospace. With regard to the appointments, Suhail Nathani, Managing Partner of the firm, said, “At ELP, we always endeavour to remain relevant to our clients’ business and legal needs as they keep changing. While we are strengthening the defense & aerospace portfolio with the appointment of Karishma, the plethora of new laws and regulations today provides an opportunity for ELP to work closely with clients to evolve legal thought leadership efficiently and relevant to their businesses. To demonstrate our commitment to this space, we have Ashutosh, who has joined us as a Partner to lead that effort. I look forward to working closely with Ashutosh and Karishma as we embark on this exciting new phase of ELP’s journey”. Having previously worked with Khaitan & Co as Director – Business Strategy & Business Development; KPMG; and Aon Hewitt in different capacities, Ashutosh possesses nearly 12 years of business development and strategy consulting experience across diverse markets and industry sectors, most recently and notably in the legal space.…
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Essar sells commercial plot in Mumbai to Brookfield for Rs 2,400 cr

Essar group has sold prime commercial property Equinox Business Parks at Bandra-Kurla Complex (BKC) in Mumbai to global investment firm Brookfield Asset Management for Rs 2,400 crore. The Company is the owner and operator of an industrial park called ‘Equinox Business Park’ at Bandra Kurla Complex, Mumbai, which is 10-acre business park comprising of four towers, with a leasable office space of about 1.25 million square feet. “We have been able to conclude a marquee deal with a quality investor, Brookfield, who has an enviable track record of highly strategic and well-considered acquisitions. This is among the largest transactions in India’s commercial real estate sector, and demonstrates the value we have been able to create in our Equinox investment,” said Anshuman Ruia, Essar. DSK Legal advised and assisted Equinox Business Parks Private Limited, an Essar group entity. The transaction also involved subscription to certain securities of the company by the parties. The DSK Legal team comprised of Partner Sajit Suvarna, Associate Partner Saloni Mody and Associate Twara Kamdar. Partner Sagar Kadam along with Associate Vishesh Karanwal advised on certain real estate aspects of the transaction. The stake sale was a part of Essar group’s strategy of reducing its debt by monetizing its non-core assets and accordingly the proceeds from the divestment were utilised to repay certain lenders (both at an entity and group level).…
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Corona Remedies acquires two brands from Abbott India

On April 2, Ahmedabad-based pharma firm Corona Remedies announced the acquisition of Obimet and Thyrocab brands, comprising of 14 product line extensions, from Abbott India. The acquired brands are popular prescription drugs to manage diabetes and hyperthyroidism. “This is the second brand acquisition by the company in the past year. Both these brands acquired by us are expected to garner a sales revenue of around Rs 25 crore in the first year of integration,” Tejas Kothari, Head-Strategy at Corona said. Krishna & Saurastri Associates LLP acted for Corona Remedies Pvt. Ltd.in both the brand acquisition transactions and the team was led by Partner, Mr. Manish Saurastri. In addition to these acquisitions, Corona has also laid out an investment plan of Rs 60 crore towards setting up its second manufacturing facility at Bavla near Ahmedabad in Gujarat. Moreover, the company plans to fund the expansion through internal accruals.…
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