American and Indian Law Firms Celebrate Recently Discovered 40 Year Sister Connection Through World Trade Center/Sister City International Visit

EmergeCounsel and Eshwars, Advocates have similar legal practices half a world away from each other.  EmergeCounsel’s Steven Weigler recollects that he met members of India-based Eshwars, Advocates several years ago at the IR Global network conference in Taiwan.  Weigler says “I have always strived to work with international counsel for which I share practice philosophy […]

Read more

The Law Governing Multimodal Transportation Operators In India

Authored by: Lakshmi Narasimhan INTRODUCTION Multimodal transportation of goods is the transportation of goods (under a single contract between a consignor and a carrier) from one place to another through at least two (2) modes of transportation. Carriers engaged in the business of freight forwarding may employ a combination of the various means of transportation available […]

Read more

INFORMAL GUIDANCE – IMPLEMENTATION OR EXECUTION SERVICES BY INVESTMENT ADVISER THROUGH TRADING MEMBER

Authored by Praveen Pandian Applicant: Vansh Capital Private Limited. Date of the Guidance: 05th August 2021. Factual Background: 1. Vansh Capital Private Limited (hereinafter referred to as ‘Applicant’) is a SEBI registered non-individual investment adviser. 2. The applicant has a separately identifiable department for distribution and execution services of Equity, Derivatives, Commodity, Currency and Mutual Fund. 3. The applicant […]

Read more

SOCIAL STOCK EXCHANGE IN INDIA – AN OVERVIEW

BACKGROUND: The Hon’ble Finance Minister as part of her budget speech for FY 2019-20 had indicated to take the capital markets closer to the masses for the purpose of meeting social welfare objectives related to inclusive growth and to this effect proposed to create an electronic fundraising platform – a social stock exchange for the […]

Read more

Introduction of AllThings IP

“We are happy to announce the launch of our YouTube Channel “Eshwars”. This initiative has been backed by our team’s passion and philosophy to share our firm’s collective knowledge on select legal topics concerning various business laws prevailing in India. The constant support and encouragement of our clients has indeed been our inspiration behind creation […]

Read more

Indian Court Grants Highest Degree Of Protection To Iskcon

Recently, the High Court of Bombay declared that the trademark “ISKCON” is a well-known trademark within the meaning of the Indian Trade Marks Act, 1999 and opined that the said trademark adopted by International Society for Krishna Consciousness, the Plaintiff in the instant matter deserves the highest degree of protection under the Trade Marks Act, […]

Read more

Is It Fair (Use)? De Minimis As Defense In Copyright Infringement

Did you know that the song “Happy Birthday to You” that is sung indispensably at every birthday party was a subject matter of copyright and was claimed to be registered and owned by Warner/Chappell music and its affiliates dating back to 1935, which received millions of dollars as copyright royalties for the same. It was […]

Read more

Telemedicine Practice Guidelines In India

 “the delivery of health care services, where distance is a critical factor, by all health care professionals using information and communication technologies for the exchange of valid information for diagnosis, treatment and prevention of disease and injuries, research and evaluation, and for the continuing education of health care providers, all in the interests of advancing […]

Read more

Fluid Trademarks – Wave Of The Future

Heraclitus, the well-known Greek philosopher rightly said that- “The only constant in life is the change”. These thoughtful words have become more relevant than ever in today’s rapidly growing markets, where consumer behavior is everchanging, which is attributable largely to the availability of information readily on any aspect of procurement and also further because of […]

Read more

Delhi HC Rules That ‘Boult’ Is Considered As Deceptively Similar To ‘Boat’

In the recent judgement of Imagine Marketing Pvt Ltd v. Exotic Mile, the plaintiffs who are  owners of the trademark “BOAT” in relation to electronic gadgets and such as earphones, headphones, speakers etc., sought permanent injunction restraining the defendants for use of their mark “BOULT” claiming it to be deceptively similar to the plaintiffs registered […]

Read more

The Consumer Protection Act, 2019

The Consumer Protection Act, 2019 (‘Act’) came into force on 20th July 2020 and the Act aims to provide for protection of interests of consumers by introducing an effective and timebound administration and settlement of consumer disputes. The digital era and boom in the e-commerce industry had increased the challenges related to consumer protection and […]

Read more

Amendments To Insolvency And Bankruptcy Code, 2016

Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020 On 5th June, 2020, the Insolvency and Bankruptcy Code (Amendment) Ordinance was promulgated to amend the provisions of the Insolvency and Bankruptcy Code (“Code”). The rationale for the said amendment is to prevent corporate persons experiencing financial distress on account of the unprecedented Covid-19 situation from being pushed […]

Read more