Counselence Connect - Counselence

Counselence Connect

Our newsletter, Counselence Connect, released every week, gives a crisp, succinct update on changes in laws brought about by actions of legislature, government, and courts. Each Connect will be relevant for corporates and would not take more than 5 minutes to read.

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Delhi High Court on Similar Trademarks

Reading Time: 2 Minutes

The Delhi High Court in the case of Red Bull AG v. Bakewell Biscuits Private Limited passed an ex-parte interim injunction restraining Bakewell from using Red Bull’s registered and well-known Trademarks.

Jun 7, 2021

Draft Rules on Trade Unions under the Industrial Relations Code

Reading Time: 3 Minutes

The Union Ministry of Labour and Employment has invited comments on the Industrial Relations (Central) Recognition of Negotiating Union or Negotiating Council and Adjudication of Disputes of Trade Unions Rules, 2021 ("Draft Rules"). The Draft Rules seek to provide mechanisms to recognise Trade Unions and verify their membership under the new labour law regime. Interestingly, there is potential for these rules to bring about consistency in negotiating practices and perhaps foster ease of business. However, they have invited some opposition from labour organisations.

May 31, 2021

Delhi High Court on foreign anti-suit injunction

Reading Time: 3 Minutes

In the first order of its kind, the Delhi High Court in InterDigital Technology v. Xiaomi Corp has granted interim relief to plaintiff InterDigital Technology Corporation, in a patent infringement matter against defendant Xiaomi Corp, holding that a foreign court cannot injunct a party and restrain the enforcement of its cause before an Indian court, when Indian jurisdiction is the only forum competent to hear said claim.

May 21, 2021

Application of Aadhaar under Social Security Code

Reading Time: 3 Minutes

This Connect discusses on the Notification of the Ministry of Labour and Employment the effective date of Section 142 of the Code on Social Security on applicability of Aadhaar. Also, it explains the position in the context of the Puttaswamy judgment of the Supreme Court.

May 14, 2021

Paid leave to covid-19 affected employees

Reading Time: 3 Minutes

This Connect discusses the legality of the order passed by the Government of Karnataka ordering all employers to provide paid leave to their workers when they are under Covid-19 quarantine.

May 7, 2021

Supreme Court on shifting seat of arbitration

Reading Time: 3 Minutes

The Supreme Court of India in Inox Renewables Ltd v. Jayesh Electricals Ltd., has held that the moment the seat of arbitration is chosen by parties, it is akin to an exclusive jurisdiction clause. It confers the courts at this place with exclusive jurisdiction to proceed with the arbitration. This Connect highlights the reasoning given by the court.

May 1, 2021

Bombay High Court on Trademark passing off

Reading Time: 4 Minutes

Bombay High Court observed that restraining Serum Institute from using Covishield name would disrupt the Covid-19 vaccination programme in the case of Cutis Biotech v. Serum Institute of India. This Connect highlights the reasoning given by the court in holding that it is not a case of ‘passing off’.

Apr 23, 2021

Karnataka High Court on Similar Trademarks

Reading Time: 3 Minutes

The Karnataka High Court in Dinesh Kumar v. Shweta Khandelwal case observed that Trademarks and Trade names are not the same and trial courts must keep in mind while deciding a case relating to ‘deceptively similar trademarks’ as the common man is man is neither blessed with the wisdom of Solomon nor the trained eyes of Sherlock Holmes. This Connect highlights the reasoning given by the court.

Apr 16, 2021

Amendment on Carry Forward on earned leaves in Karnataka

Reading Time: 3.5 Minutes

The Government of Karnataka has amended the Karnataka Shops and Commercial Establishments Act, 1961 and enhanced the carry forward of Earned Leave from the earlier 30 days to 45 days. This Connect explains in brief the implications of this amendment.

Apr 9, 2021

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