The ‘GATSBY’ TradeMark Dispute
The basic legal framework governing comparative advertisement has been laid down by the Monopolies and Restrictive Trade Practices Act, 1984
Patents grants exclusive rights to inventors, encouraging innovation and economic development.
In order to protect or defend our client’s hard-earned advantage or to implement new business strategies, we provide thoughtful, effective, and timely advice which is pragmatic and creative, and backed by experience. ZeusIP has a team of experts and qualified professionals and members providing assistance to clients not only for all kind of intellectual property and related matters but also in diverse fields. Some of the practice areas of ZeusIP are enlisted below-
ZeusIP litigates intellectual property matters both in India and throughout the world. We regularly litigate before the District Courts, High Courts as well as the Supreme Court of India. The firm has extensive experience in highly sensitive, complicated and contentious Trademark, Patent, Design and Copyright litigations including formulation of strategies which are customized to each case.
ZeusIP works with local law enforcement and Indian Customs Department to formulate comprehensive intellectual property enforcement programs at borders, ports, etc. involving interdiction of infringing and counterfeit imports/ exports. In this regard, ZeusIP team provides assistance to their clients in the following manner-
To organize and conduct trainings of the Customs officers
Starting as an IP litigation firm and having a track record of successful IPR litigation matters, ZeusIP has gradually diversified into other streams. Today, ZeusIP provides advisory to its clients, formulates strategy and assists for litigation before various courts and forums/tribunals throughout India, such as-
Gunjan was admitted to the Bar in 1999. She briefly worked at a couple of law firms prior to founding the firm ZeusIP Advocates in 2004….
Naveen is a practicing Patent Attorney in India. He is qualified Mechanical Engineer and an advocate enrolled with the Bar Council of Delhi….
Naqeeb started his legal career in 2003 practicing in the Delhi High Court and Jammu & Kashmir High Court with leading litigating lawyers…
Litigation is a process of resolving disputes between parties through the judicial/ court system. It involves bringing a legal action or lawsuit before a court of law, administrative agency, or other judicial body to seek a resolution to a dispute/ disagreement or conflict. These disputes can range from contract breaches and business disagreements to personal injury claims and complex commercial litigation.
Legal Firms usually have a specialized team of lawyers also known as litigation attorneys who represent clients in legal disputes that escalate to formal proceedings in courts or administrative bodies. The primary role of a litigation attorney is to advocate for its clients' interests and rights through the legal process, employing strategic planning, negotiation, and courtroom advocacy to achieve favourable outcomes. The litigation attorney understands the underlying issue or conflict that led to the litigation and helps in determining the legal grounds, applicable laws, and potential strategies for resolution. Legal Firms are geared to provide its clients the potential outcomes of litigation, including best-case and worst-case scenarios which in turn helps the client in understanding risks, such as costs, time involved, and potential adverse rulings, which is vital for informed decision-making.
Assessing the financial implications of litigation, including legal fees, court costs, and potential damages or awards, is crucial. Discussing fee structures and payment arrangements with your litigation firm helps manage financial expectations.
ZeusIP specializes in a diverse array of litigation matters encompassing patents, trademarks, intellectual property, copyright, and related areas. The firm has extensive experience in highly sensitive, complicated and contentious Trademark, Patent, Design and Copyright litigations including formulation of strategies which are customized to each case.
Starting as an IP litigation firm and having a track record of successful IPR litigation matters, ZeusIP has gradually diversified into other streams. Today, ZeusIP provides advisory to its clients, formulates strategy and assists for litigation before various courts and forums/ tribunals throughout India, such as -
- Dispute Resolution
- Bankruptcy & Insolvency
- Consumer Disputes
- Employment
- Information Technology and Data Protection
- Negotiable Instrument Act issues
- Commercial Transactions and Contractual Issues
- Media& Entertainment Law
- E-commerce & Retail
- Real Estate
- Private Client Practice
ZeusIP litigation team comprises highly experienced attorneys with diverse backgrounds in litigation. Each attorney brings years of expertise to the table.
The duration of litigation varies widely based on factors such as case complexity, court schedules, and negotiation efforts. We aim to resolve cases as efficiently as possible while prioritizing favourable outcomes.
Litigation is a process of resolving disputes between parties through the judicial/ court system. It involves bringing a legal action or lawsuit before a court of law, administrative agency, or other judicial body to seek a resolution to a dispute/ disagreement or conflict. These disputes can range from contract breaches and business disagreements to personal injury claims and complex commercial litigation.
Indian courts allow recovery of the legal costs put into litigation. This relief is available to either party which wins the case (Plaintiff or Defendant). However, the amount is determined by the court.
Jurisdiction is categorized into three types, all of which have to be satisfied in order for a court to hear/adjudicate a particular IP dispute:
Subject Matter jurisdiction:
This refers to the ability of a court to pass judgement/ orders on the nature of a dispute. The subject matter jurisdiction to hear an IP dispute lies at the minimum level of the district courts of India and goes all the way upto the Supreme Court of India.
While cases in the High Court generally reach only by way of an appeal from the order of a district court, the High Courts of five states in India have the original jurisdiction to hear IP cases at the first instance, without a case having to first be filed at the level of the lower (district) court. These are:
High Court of Delhi at New Delhi;High Court of Bombay at Mumbai;Calcutta High Court at Kolkata;High Court of Judicature at Madras (Chennai); andHigh Court of Himachal Pradesh at Shimla.
Territorial Jurisdiction:
Depending upon the facts of a particular case, any court at the level of the district court (or the five High Court mentioned above having original jurisdiction) may have the territorial jurisdiction to hear certain IP disputes, provided the Defendant resides within the jurisdiction of the said court and/or cause of action arises within the territorial limits of the said court. Apart from the same, there are special provisions under The Trade Mark Act and The Copyright Act which allows the Plaintiff to file the case before the court where the Plaintiff is residing.
Pecuniary Jurisdiction:
Pecuniary jurisdiction decides the hierarchy of the courts in which a dispute would lie. This depends on the valuation of the particular IP or the amount of compensation/ damages sought by a Plaintiff. Different courts have different pecuniary jurisdictions. However, the Commercial Courts Act, 2015 states that any IP dispute having a minimum valuation or claim of INR 3,00,000/- must be filed at the level of the district court. A higher valuation, however, allows for directly obtaining the jurisdiction of any one of the five High Courts having original jurisdiction. In the state of Delhi, for example, a minimum valuation or claim of INR 2,00,00,000/- is required to institute a suit before the High Court of Delhi.
The basic legal framework governing comparative advertisement has been laid down by the Monopolies and Restrictive Trade Practices Act, 1984
In the present unfortunate circumstances that the world is dealing with, the global economy is one of the many areas
November 17, 2019, was the date when the first known case of the COVID-19 was detected. Back then, no one
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The paradigm of interface between the Intellectual Property Rights (IPRs) and Competition law is that the two legal regimes are
As per Section 16 of the Indian Patents Act, if a Patent Application describes more than one inventive concept, then
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There are a lot of brands which have acquired popularity and distinctiveness based on the way their labels and logos
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As per Section 16 of the Indian Patents Act, if a Patent Application describes more than one inventive concept, then
Romer, J., said in the case of Registered Trademarks of John Batt & Co. and In re Carter’s Application for
Over time there has been a considerable amount of shift from the traditional marks such as word mark or a
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The change in the world Trade patterns has largely affected the advertising ways and means. The accessibility and dissemination of
In the present unfortunate circumstances that the world is dealing with, the global economy is one of the many areas
In the present unfortunate circumstances that the world is dealing with, the global economy is one of the many areas
Patent grants exclusive invention rights to its legal owner.
Patent grants exclusive invention rights to its legal owner.
Copyright grants exclusive reproduction rights for creative works temporarily.
Designs Act, 2000: Visual features judged by an article's appearance.
PPV & FR Act established Authority in 2005 enactment.
Geographical Indications show goods' origin, qualities, and reputation.
IP Litigation resolves disputes over intellectual property rights infringement.
Patent is a statutory Intellectual Property Right which grants exclusive rights to the owner of an invention.
A trademark is a unique symbol representing goods or services, distinguishing them from others.
Copyright grants exclusive rights to reproduce, distribute, and perform creative works for a limited time.
According to the Designs Act, 2000, a design pertains to the visual features of an article judged solely by appearance.
Intellectual Property (IP) litigation involves legal disputes over patents, trademarks, copyrights, and trade secrets.
Geographical Indications denote goods' origin, showcasing qualities and reputation attributed to their specific locale.
The PPV & FR Act established the Authority in 2005, following its enactment in 2001.