2017-TIOLCORP-25-HC-DEL-IPR

Prius Auto Industries Ltd Vs Toyota Jidosha Kabushiki Kaisha

Whether the rules for trans-border reputation of trade mark is different for pre and post internet era - YES : HC

Whether for year 2001, when usage of internet was low, mere evidence of brochures circulated in India are enough to prove transborder reputation where goods under the trade mark were not even sold in India - NO : HC

Whether to claim trans-border reputation it is important to establish both reputation of mark in foreign jurisdictions and knowledge of the trade mark due to its reputation abroad in a domestic jurisdiction - YES : HC

Whether it is a case of passing off when the Hindi word 'Pehla Prayas' adopted as trademark to indicate first attempt in manufacturing certain product turns out to be synonymous with an overseas trademark 'Prius' which also means 'to come first' - NO:HC

Whether usage of a trademark can be injuncted when it is based on a publici juris word alongwith valid justification on appropriation of such word as trade mark - NO: HC

- Appellant's appeal allowed: DELHI IPR

2017-TIOLCORP-03-SC-MISC

Bank Of New York Mellon Vs Zenith Infotech Ltd

Whether a reference made u/s 15 of the SICA can be refused by the Registrar, Secretary and Chairman of the BIFR at the scrutiny Stage - NO : SC

Whether such refusal of registration of the reference sought by the respondent Company by the Registrar, Secretary/Chairman of the Board is non-est in law - YES: SC

Whether a reference pending before the BIFR stands foreclosed by the order of winding up of the Company - NO : SC

Whether such reference must, understood to be pending before the Board on the relevant date attracting the provisions of Section 252 of the Insolvency and Bankruptcy Code - YES: SC

- Appeal Disposed of: SUPREME COURT OF INDIA

2017-TIOLCORP-10-HC-DEL-MISC

Council Of The Instt Of Chartered Accountants Of India Vs Vs Kailash Chander Agarwal

Whether the Institute of Chartered Accountants of India is right in removing the name of a chartered accountant from its register of members for a duration of five years, on the chages of issuing false due diligence certificate which formed the basis for listing of shares of a company - YES: HC

Whether issuing a certificate which certifes a wrong date of realisation of cheques and credit into the account of the company under the head of share application money, is an act of professional misconduct - YES: HC

Whether Form 2 could form the basis for issuing such due diligence certificates when the date of issue of form under signatures of the Company Secretary of the Company, is later than the date of the certificates - NO: HC

- Case disposed: DELHI HIGH COURT