2017-TIOLCORP-15-SAT

Dushyant N Dalal Vs SEBI

Whether any substantive legislative provision inserted for the first time which imposes any burden or liability would be prospective in nature unless otherwise provided either expressly or by necessary implication - YES: SAT

Whether when a provision is inserted so as to take effect retrospectively then interest liability under the said provision will also be effective retrospectively - YES: SAT

Whether interest liability u/s 220 is automatic and does not come into operation after the demand is raised by the RO - YES : SAT

- Appeal disposed of: SEBI

2017-TIOLCORP-64-HC-DEL-IPR

FDC Ltd Vs Docsuggest Healthcare Services Pvt Ltd

Whether goods and services falling under different classes and still be treated as allied and cognate - YES: HC

Whether two marks can be taken as identical or deceptively similar when there is only a minor spelling difference between the two and a consumer is not likely to remember the minor and insignificant difference between them - YES: HC

Whether merely the classification of goods and services u/s 7 of the Act can be the criterion for deciding the question of similarity in goods/services - NO : HC

Whether conditions for infringement of trademark u/s 29(4) are met when a party without due cause exploits a registered mark commercially and generates revenue out of the same - YES: HC

Whether change in domain name by a party so as to reflect the registered trademark of another party without any justification can be construed as taking unfair advantage of such mark - YES : HC

Whether delay of six months in filing a case for infringement of trademark after sending the cease & desist notice can be a valid defence in the hands of the infringing party to avoid litigation - NO : HC

- Case allowed: DELHI HIGH COURT

Realty Sector - 12% vs 18% under GST - never-ending dilemma (TIOL)

GST to cripple various Training Institutes & Universities (TIOL)

Section 9(4) of CGST Act may encourage cash transactions (TOG)

Trump, modi meet: Trade, H-1B visa on agenda (TOG)