G.S. Sandhawalia
2 IP cases indexed. Covers trademark, patent matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
Pr. Commissioner Of Income Tax-2, Chandigarh v.M/s Mobisoft Tele Solutions P. Ltd.
The appeal challenged the Assessing Officer's order disallowing royalty payments made by M/s Mobisoft Tele Solutions P. Ltd. to Tarun Mohan for using the brand name 'phoneytunes.com'. The court held that since Tarun Mohan merely licensed the trademark, and the company was a separate legal entity, the payment of royalty was permissible as business expenditure.
M/s Skol Breweries Limited v.State Of Haryana And Others
The Punjab-Haryana High Court ruled in favor of M/s Skol Breweries Limited, setting aside an excise department order that denied fee exemptions. The court held that since the petitioner had filed an application for trademark registration based on a valid assignment deed as early as May 27, 2005, the effective date of ownership was retroactive. Consequently, the State's demand for franchise and registration fees from that period was deemed incorrect, necessitating the matter be remitted to the Commissioner for fresh adjudication.
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