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Companies Law - Highlights / Catch Notes

Home Highlights August 2014 Year 2014 This

Infringement of trademark - Section 35 of the Act permits anyone ...

Companies Law

August 19, 2014

Infringement of trademark - Section 35 of the Act permits anyone to do his business in his own name in a bona fide manner - SC

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  1. Infringement of trademark - defendant's trademark FREEDOM is deceptively similar to that of the plaintiff's trademark FREEMANS - HC

  2. Refund alongwith the interest - generation of e-way bill in the name of petitioner was a bona fide mistake or not - Apparently, courier receipt/invoice and eway bill,...

  3. Penalty for non deduction of tax at source - bona fide belief proved - penalty set aside - AT

  4. SSI Exemption - Use of third party trademarks - whether marks have to be treated as trade name or brand names belonging to other persons - Held Yes - AT

  5. Refund - The C.A. certificate produced by the appellant clearly states that the amounts were paid by the appellant from their own funds and have not been recovered from...

  6. Infringement of trademark - Domain name www.tatainfotech.in - defendant got the impugned domain name registered deliberately in bad faith, in the hope of being able to...

  7. Restoration of name of the Company on the Register of Companies maintained by the RoC - Though the impugned striking off the Company was in accordance with law, the...

  8. Nature of franchise fees paid - capital or revenue expenditure - Right to use the trademark, domino’s name and logo – Exclusive license – Held as revenue expenditure - AT

  9. Penalty u/s 271(1)(c) - The Revenue may or may not agree with this understanding of law of the assessee but the fact that there can be a bona fide view to that effect...

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