For example, it is common to find start-up entrepreneurs thinking it will be done to protect their companies’ “ideas” or business names through copyright, which, according to them, automatically translates to brand and business protection as a whole.

Copyright infringement is that thin invisible line which when crossed makes the bait, snap at you.

Therefore, a prior user of the marks should be protected against monopoly rights conferred by the Act.

The Court, while referring to section 29 (4) of the Trade Marks Act, 1999, recognized the essentials for dilution as under: (1) The impugned mark must be identical or similar to the injured mark; (2) The one claiming injury due to dilution must prove that her/his mark has a reputation in India; (3) The use of the impugned mark is without due cause; (4) The use of the impugned mark (amounts to) taking unfair advantage of or is detrimental to, the distinctive character or repute of the registered trademark.

Cybersquatters aim at associating themselves with the well-known trademark in order to profit out of it.

A notification made on 05th June 2015 notified exemptions for private companies from certain provisions of the Companies Act 2013.

As per the Act, the company can neither sue nor it can be sued on the basis of such contracts because the company was not a party to such contracts.

Closer home, copyright and trademark infringement cases slapped on ‘Flipkart Discounts’ by giant e-commerce company Flipkart and by PayPal against Indian mobile payment app Paytm respectively, are some fresh cases of IP disputes in the current start-up industry.

The Board therefore held on account of section 47 of the Trade Marks Act, 1999, that registration alone would not prove use of trademarks, the same were liable to be cancelled if allegations of non-use are not rebutted by registered proprietors (as Cadbury had done in the instant case).

Invitation, acceptance & repayment of deposits of the companies described in of the companies Act, 2013 Sec.73 to 76 Companies require funds for expanding their business activities due to comprehensive business environment.