Here’s a Guest Post on the application of Gillette Defence in India by Avinash Kumar Sharma, a litigator from the High Court of Delhi:The concept of a Gillette Defence was put forth by Lord Moulton in the case of Gillette safety razor company v. Anglo American Trading Company Limited in the year 1913. The concept
The Demanding Mistress
Blog Authors
Latest from The Demanding Mistress
Requirements of a Representative Suit and Suits against Government
I have writtenbeforeon the essential requirements of institution of a representative suit under Order 1, Rule 8. I recently came across two judgements of the Supreme Court which shed more light on its nuances and scope. The first one was delivered in 1963 and the second in 1990.In the first judgement, the…
Section 13 of the Evidence Act- Part II
In the last post, I had discussed the judgement of a Full Bench of the Calcutta High Court delivered in 1880 on Section 13 of the Evidence Act. In stark contrast to the ratio of the majority of the said judgement, in The Collector Of Gorakhpur vs Ram Sundar Mal (1934) and in judgements…
Proving the Existence of a Right or a Custom
How does one prove the existence of a right or a custom in any proceeding before the Court? Is there a specific provision which applies to such a circumstance? In what context does the exercise become relevant? To address these and such questions, one must look to Section 13 of the Evidence Act, 1872, which…
Towards Evolving a Culture of Damages: Analysing the Christian Louboutin Verdict of the Delhi High Court
On December 12, 2017, the Delhi High Court delivered a crisp 21-paragraph ex parte decree against the defendants in a suit for infringement of the “Red Sole” trademark instituted by the global luxury retail brand Christian Louboutin. Apart from granting injunctive reliefs to the brand owner/plaintiff against the defendants and declaring the Red Sole trademark…
The Shreya Singhal Judgement and Intermediary Liability: What is the Correct Legal Position?
About a week ago, on March 24, 2017, I was part of a panel discussion organised in New Delhi by the Centre for Communication Governance of NLU Delhi to commemorate the Shreya Singhal judgement. Since I led the team which challenged the intermediary liability regime on behalf of the Internet and Mobile Association of…
It’s been almost a year…
Significance of Framing an Issue of Trademark Invalidity under Section 124 of the Trademarks Act, 1999
In the last post, I discussed the purpose and import of framing of issues in a civil suit under Order 14 of the Code of Civil procedure. I took the view that the framing of an issue under Order 14 does not tantamount to the Court taking a position with respect to the contentions…
What is the Purpose and Significance of framing of issues in Civil Suits?
Framing of issues in a civil suit seems like a routine thing and perhaps this is why its actual purpose and significance is sometimes lost or misunderstood in the “routine” of practice. Once in a while it helps to take a step back and ask oneself the true meaning of a certain procedure which is…
Evolving a Culture of Damages
On the first of this month, I had the opportunity to address IP academics and researchers as part of NLU Delhi’s Fifth Annual IP Teaching Workshop on criminal law and intellectual property. During the course of my talk, I happened to touch upon certain aspects of civil IP litigation, in particular the issue of damages…