2017-TIOLCORP-NEWS-135 | Tuesday, July 11, 2017

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COMPETITION LAWS
 
2017-TIOLCORP-73-HC-DEL-IPR

Mehar Wing Services Pvt Ltd Vs Jindal Restaurant

Whether a case of infringement of trademark is made out if the tradedress, label, get up of the two trade-names are distinct & different and there was no connection between the two - NO: HC

Whether the word 'PINCH', being common to restaurant and food industry, would confer an exclusive right on a party merely because a tradename, wherein such word forms a "part'' has been registered in favour of the party - NO: HC

- Case dismissed: DELHI HIGH COURT

 
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2017-TIOLCORP-30-CCI

Vinod Kumar Gupta And Whatsapp Inc

Whether it can be said that OP has indulged in predatory pricing by not charging any subscription fee from its users when there are several other such applications in the relevant market which do not charge any fee from the users for availing their services - NO: CCI

Whether abuse of dominant position by the OP can be established when there are no significant barriers to entry in the relevant market and there are no significant costs preventing the users to switch from one consumer communication app to another - NO: CCI

- Order passed u/s 26(2) of the Act: CCI

 
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