2017-TIOLCORP-NEWS-112 | Wednesday, June 07, 2017

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2017-TIOLCORP-33-HC-DEL-CA

Changzhou Trina Solar Energy Company Ltd Vs Hindustan Power Projects Pvt Ltd

Whether a creditor can seek revival of liquidation proceedings of a debtor company even when such creditor has received major part of the settlement amount as per the agreement arrived at between the parties - NO: HC

-Petitioner's application dismissed : DELHI HIGH COURT

 
IP LAWS
 

2017-TIOLCORP-61-HC-DEL-IPR

Foodcraft India Pvt Ltd Vs Saurabh Anand Trading as Urban Pallette Restaurants

Whether a case of infringement can be established if a party adopts of a trade which is identical to a well know trade name and both parties are engaged in similar trades - YES: HC

Whether defence u/s 17 of the Trademarks Act relating to monopoly use is available when it is proved that the trademark in dispute has a distinctive character - NO : HC

Whether malafide intention of infringing party would stand proved if inspite of issue of a cease & desist notice and during the the continuance of negotiations with the trademark owner, the infringing party adopts & uses such well know mark - YES: HC

Whether prior use of trademark puts the prior user in a superior position - YES : HC

- Case allowed : DELHI HIGH COURT

 
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