How to file a complaint in RERA? Fighting against a developer for your valuable properties has been now made easy and convenient. The Supreme court has ruled that buyers are free to select the legal remedies available for them in the form of RERA and consumer fora. The REAL Read more…
TRESPASSING : Trespassing means crossing or entering into the land or property without the consent or permission of the owner. It is a criminal offense unless you have a lawful reason to cross the boundary. There are 3 types of trespassing i.e trespass to the person, trespass to chattels, trespass Read more…
Comparative advertising is a tool where a clear differentiation between the products can be shown, however care should be taken that the products in comparison should not be degraded or shown in bad light. In many cases the court is of the opinion that, it is right of the trader Read more…
Case : PepsiCo v/s Coca Cola In advertisement of coca cola that a kid is having a drink and a lead actor enter ask which drink he is having and the name of the drink he is having is muted after which he says that he likes the drink. In Read more…
“The primary basis for marketer’s interests in this phenomenon is its potential for increasing profits through market share gains.” Advertisement can be divided in three types 1. NCA (Non comparative advertisement) 2. ICA (Indirectly comparative advertisement) 3. DCA (Directly comparative advertisement) Although marketers are attracted to comparative advertising because of Read more…
In Belgium, a 1991 law prohibits comparative advertising where the other vendor is identifiable. In the Netherlands, no outright prohibition of comparative advertising exists; the law only prohibits disparaging and misleading advertising. The Netherlands, however, complies with the Benelux Uniform Trademark Act which forbids the use of another’s trademark in Read more…
Trademark creates a exclusive zone for the owner which other marks may not enter. The extent of zone may vary according to the circumstances. An identical or mark which is extremely similar to existing trademark must be kept in distance in respect to goods and services in which the mark Read more…
Enactment of trademarks Act, 1999 and Trademark Rules 2002, with effect from 15th September 2003, guaranteed protection to the national and international player’s protection of their trademark and also came into conformity with the trips agreement. The new doors were opened for regulating the unfair trade practice in comparative Read more…
The concept of comparative advertising is governed by Monopolies and Restrictive Trade Practices Act and the trademark act 1999. Comparative advertisement has taken a shift from product promotion to anticompetitive activities. Legal policies in India too have taken shift from curbing the monopolies and increasing the competition. The basic structure such Read more…
Commercial advertisement is a shape of commercial speech and it is given protection under Article 19(1) (a) of Indian constitution. But the commercial speech should not be deceptive unfair and misleading and untruthful which is hit by Article 19(2) so it can be prohibited by states if any of these Read more…
The need of advertisement is important for businesses for making them known to the public by the displaying it visually. The human mind is developed in manner that it retains when it sees something visually. This advertising takes a more aggressive turn when in advertisement the product of one company Read more…
India is a developing country and is on growing path of industrialization becoming one of the business hubs in world; India has realized the importance of Trademarks and for protection of trademarks has taken steps by enacting trademarks Act 1999 and amending it in 2002, 2003 to bring it in Read more…
Notification No. FEMA.389/2018-RB, Dated: March 20, 2018 RBI has announced new regulation under foreign exchange management for regulation of Cross Border merger, amalgamation and arrangement between Indian companies and foreign companies. In exercise of the powers conferred by sub-section (3) of section (6) read with section 47 of the Foreign Read more…
Reference circular Number 39/13/2018-GST IT-Grievance Redressal Mechanism Today GST decided to put in place an IT-Grievance Redressal Mechanism to address the difficulties faced by a section of taxpayers owing to technical glitches on the GST portal and the relief that needs to be given to them. The relief could be in Read more…
Immediate responsibility of the Regulatory Authority are: 1. Registration of the real estate project and the real estate agent 2. Extension of registration of the real estate project and its revocation; 3. Renewal of registration of the real estate agent and its revocation; 4. As per section 34 the Authority Read more…