IBLJ Deals of the year 2017

India Business Law Journal Deals of the year 2017 have recognized four of our matters in its report.

• Taj Mahal Palace- rated as a star deal– Taj Mahal Palace in Mumbai has become the first privately owned hotel in India to receive trademark protection for its architectural design and has been granted a Trademark Registration as an image mark.

• Nokia Pre Suit Mediation Litigation – Nokia used pre-suit mediation litigation to resolve matters relating to infringement of its SEPs against a multitude of entities in India, most importantly at a time when SEP litigation is the dominant industry trend across the world. Anand and Anand team advised Nokia to adopt this new approach and had a strong intuition that it would deliver results.

• Tata WhatsApp Order– In this suit for trademark infringement initiated by the Tata’s the Delhi High Court’s allowed the Plaintiff to serve the Court’s official ‘summons’ instantly to the Defendants through the popular messaging service ‘WHATSAPP’.  This way, the Court could pass orders against a Defendant, who had managed to stay away from the court proceedings since the post/courier carrying the summons hadn’t reached him yet. Besides being the first such order of the Delhi High Court, this precedent also marks the judiciary’s footprint in the era of technology.

• Pioneer Overseas KAVERI SEED COMPANY LTD – Under the Protection of Plant Varieties and Farmers’ Rights Act, 2001, the Registrar of Plant Varieties was allowed to pass interim orders against breeders of seeds and plant varieties. It gave powers that were not conferred in other IP laws. In a bold move, Pioneer Overseas approached the Supreme Court and challenged the order of the High Court. Pioneer succeeded in obtaining a stay of the order that rendered the above-mentioned provision as constitutionally invalid.

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