Anil Syal

Whether to admit application u/s 94 of IBC all criteria laid thereunder must be met - YES: NCLT 

Directions issued: NCLT

2020-TIOLCORP-17-IBBI

Balaknath Bhattacharyya

Whether conduct of an IP of not filing avoidance application before Adjudicating Authority is gross violation of his duty u/s 25(2)(j) of IBC, 2016 - YES: IBBI

- Notice disposed of: IBBI

Ufo Contemporary Incorporation Vs Creative Kids Wear India Pvt Ltd

Whether when impugned mark of a party falls within the scope of infringement the Court must presume confusion u/s 29 (3) of the Trade Marks Act, 1999 - YES: HC

Whether when goods are manufactured in India for the purpose of export with the trade mark but not for sale in India there is still an infringement of the mark- YES: HC

Whether export of goods amounts to use of a trade mark u/s 56 of the Trade Marks Act, 1999 - YES: HC

Whether delay in filing a suit is inconsequential in a case of infringement/passing off, especially where the adoption of a mark is in bad faith - YES: HC

- Application disposed of: DELHI HIGH COURT

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