2017-TIOLCORP-13-SEBI

Thacker And Company Ltd

Whether exemption from complying with the provisions of SEBI (SAST) Regulations, 2011 can be sought in respect of a proposed acquisition of shares if such acquisition is in the nature of a private family arrangement and post acquisition there is no change in control of the company whose shares are being acquired - YES: SEBI

- Application Disposed Of: SEBI

2017-TIOLCORP-43-HC-DEL-IPR

Boman R Irani Vs Rashid Ahmad Mirza

Whether an interim injunction for passing off can be granted when it is not established that the acts of the infringing party amount to use of the registered mark - NO: HC

Whether an interim injunction for passing off can be granted when it is yet to be established that the goods of the infringing party are being consumed for the reason of association with the registered mark - NO: HC

Whether court can restrain the infringing party from advertising or conveying that '‘YEZDI' shoes belonging to such party were inspired by vintage bikes from ‘YEZDI', even though an interim injunction in the said matter has been refused by the Court - YES: HC

Application partly allowed: DELHI HIGH COURT

2017-TIOLCORP-42-HC-DEL-IPR

Bhagwan Dass Khanna Jewellers Pvt Ltd Vs Bhagwan Das Khanna Jewellers

Whether it is a duty of court to adjourn the case for a period of three months u/s 124(1)(a)(ii) from the date of framing of issues in order to enable the party concerned to apply to the IPAB for rectification of the register, when there is a prima-facie case on invalidity of the trademark - YES: HC

Whether it can be presumed that court is satisfied that the plea regarding invalidity of trademark is prima facie tenable, when the court frames an issue with regard to the invalidity of such trade mark - YES: HC

- Case allowed: DELHI HIGH COURT

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