2017-TIOLCORP-22-HC-KOL-CA

Manglesh Jalan Vs Subarnarekha Trade And Tea Industries Ltd

Whether a case of oppression & mismanagement is made out if certain changes have been made to the shareholding pattern of a company being run as a family business and such changes are made as part of a family arrangement - NO: HC

Case Dismissed: CALCUTTA HIGH COURT

2017-TIOLCORP-37-HC-DEL-IPR

Britannia Industries Ltd Vs ITC Ltd

Whether passing off action in a case relating to colour combinations can be proved only if all the three factors namely goodwill & reputation, misinterpretation and likelihood of damage are established by the producer whose products are being passed off - YES : HC

Whether to prove passing off there must be misappropriation of the goods - YES : HC

Whether "Digestive Biscuits" having blue and yellow packaging can be said to have acquired a distinctive goodwill within a short span of six months of it's launch when there are other opponents into the same trade - NO : HC

Whether exclusivity can be claimed in respect of a combination which has been in the market for only six months as six month is a very short period to earn exclusivity - NO : HC

Whether passing off action can be established in respect of a product if such product has a worldwide reputation but no substantial sales in the particular territory under question - NO: HC

Appeal Allowed: DELHI HIGH COURT

Hasty passage of GST Bills - Customs loses power to levy IGST on Import of Goods!! (TIOL)