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Articles by ajay amitabh suman

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Catching unidentified Counterfeiters and John Doe Order

  ajay amitabh suman   04 February 2019 at 11:37

Trademark and Copyright infringement has been rampant throughout the world including in India. The Right Holders are supposed to be vigilant in taking action against the violators in order to safe guard ..


Posted in Intellectual Property Rights |   699 Views


Inter play of trademark, design and copyright in shape of a product

  ajay amitabh suman   11 January 2019 at 13:03

SHAPE OF PRODUCT, PROTECTED UNDER THE DESIGN ACT The Design Act in India protects only those Design, which are solely appealed by eye or in other word, the Design which are aesthetic in Nature are protectable in India. Earlier the Design Law ..


Posted in Intellectual Property Rights |   1400 Views


The Evolution of Law on SHAPE Trademark in India

  ajay amitabh suman   13 April 2018 at 12:08

It is a general saying that "A picture is worth a thousand words". A Pictures casts great impression on the human mind. If a pi ..


Posted in Intellectual Property Rights  3 comments |   2602 Views


Guidelines for obtaining the certified copies of the documents from the trademarks registry

  ajay amitabh suman   22 August 2017 at 11:14

In matters pertaining to intellectual property right, this had been routine practice to summon the officials of Trade Marks Registry in order to prove the registered trademarks or pending trademarks of parties, during the trial in a civi ..


Posted in Intellectual Property Rights |   2375 Views


Letter Trademark

  ajay amitabh suman   10 August 2017 at 16:40

This article deals with the Trade Marks comprised of Letter. There may be cases where the Trade Marks is essentially of Letters. Letters are the most essential feature of the Trade Marks. There may be cases where Trade Mark is comprise ..


Posted in Intellectual Property Rights  1 comments |   1918 Views


Procedural law should be construed liberally

  ajay amitabh suman   02 August 2017 at 10:47

This article deals with the liberal construction of procedural law by the Indian Courts. In law, time has been prescribed for doing a time in a prescribed period. There is Limitation Act, which prescribes the time schedule for doing a particular act ..


Posted in Civil Law |   2221 Views


Use of trademark on calendar does not prove user of trademark

  ajay amitabh suman   03 July 2017 at 12:48

In cases for the infringement of Trade Mark and in cases of passing off, user of trademark plays very important role in establishing proprietary right over the trademark. Section 31 of the he Trade Marks Act 1999 provides that ..


Posted in Intellectual Property Rights |   1027 Views


Interpretation of jurisdiction in view of Dhodha House Vs. S.K.Maingi (SC) case

  ajay amitabh suman   16 June 2017 at 17:06

The existence is outcome of continuous process of Struggle. A baby is outcome of fight amongst hundreds of thousands of brother sperms in penetrating one ovum. In ancient days man struggled against the nature in order to survive. Changing time w ..


Posted in Intellectual Property Rights |   2478 Views


High court of Delhi allows the communication of court order through mobile

  ajay amitabh suman   13 June 2017 at 13:13

Gone are the days, when service on the party used to be effected by way of publication in News Paper or by way of affixation in the concerned locality, where the party resides. With change in technology and with advent of internet era, e-mail, mobil ..


Posted in Civil Law  7 comments |   1211 Views


The defense of third parties for infringement of trade mark and passing off

  ajay amitabh suman   02 June 2017 at 11:01

THE DEFENSE OF THIRD PARTIES USE IN AN ACTION FOR INFRINGEMENT OF TRADE MARK AND PASSING OFF IN INDIA ..


Posted in Intellectual Property Rights |   1900 Views