2017-TIOLCORP-NEWS-118 | Thursday, June 15, 2017

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COMPETITION LAWS
 
2017-TIOLCORP-22-CCI

Fx Enterprise Solutions India Pvt Ltd AND Hyundai Motor India Ltd

Whether the DG investigation, on any issue suo moto and over and above the issues that he is directed to investigate by CCI, is void - YES : CCI

Whether clause contained in the Dealership Agreement can be taken as imposing exclusive supply obligation on the dealers if such clause does not prevent the dealers from dealing with competing dealership or other businesses but merely requires them to obtain a prior permission before doing so - NO: CCI

Whether an agreement for fixing a resale price which includes monitoring of maximum permissible discount level through ''Discount Control Mechanism'' and a penalty mechanism for non compliance thereof, would restrict or distort competition - YES: CCI

Whether cancellation of warranty of the dealers for not using a particular brand of CNG kits would fall under the category of tie up arrangement u/s Section 3(4)(a) of the Act - NO: CCI

Whether making it mandatory for dealers to use a particular brand of oil/ lubricants and imposing penalty for non compliance of such condition would amount to a tie up arrangement - YES: CCI

Whether mere recommendation, that the dealers consider/ suggest to the customers the insurance companies partnered with the OP for purchasing car insurance, would amount to tie-in arrangement - NO: CCI

- Order passed u/s 27 of Act: CCI

 
IP LAWS
 
2017-TIOLCORP-65-HC-DEL-IPR

Dharam Chand Ladha Mal Vs Subhash Sabun Udyog

Whether mark NIROKHA SOAP or NIROKHA SABUN is deceptively similar mark to the registered trade mark ‘NAULAKHA' which is also used in same line of business - YES : HC

Whether a case of infringement is established if there is a clear similarity between the trade dress of the infringing party and the trademark owner and both parties are in the same line of business - YES: HC

Case allowed: DELHI HIGH COURT

 
HIGHLIGHTS (SISTER PORTALS)
   

 

 

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CORP BRIEF
  MCA invites entries for first national CSR awards

CCI finds Hyundai Motors guilty of anti-competitive conduct; slaps Rs 87 cr penalty

 
ADMINISTRATIVE ORDER
  ACC appoints Makena Srinivasa Rao as Presiding Officer, DRT Kokata  
SEBI CIRCULAR
  Non-compliance with certain provisions of SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009 ("ICDR Regulations")

Non-compliance with certain provisions of SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009 ("ICDR Regulations")

 
CORP EINSICHT
  Trademark: The Intellectual mark  
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