article thumbnail

India high court grants interim relief to Bacardi against alleged trademark infringement

JURIST

Justice Hari Shankar the high court ruled that Bacardi made out a prima facie case for grant of interlocutory injunction on the basis of infringement of its registered trademark. Thereafter, Bahety Overseas successfully applied for the registration of the mark “FREEZMIX.”

article thumbnail

Defamation claim allowed to proceed under TPPA.

Day on Torts

While a plaintiff faced with a TPPA petition to dismiss could not make out a prima facie case for his false light invasion of privacy or intentional infliction of emotional distress claims, his defamation claim related to an allegedly false Title IX rape complaint was allowed to proceed. M2023-00045-COA-R3-CV (Tenn.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Dismissal of Defamation and False Light Claim under Tennessee Public Participation Act partially reversed.

Day on Torts

Defendant filed a petition for dismissal pursuant to the TPPA, and after finding that the TPPA applied, that plaintiff was a limited-purpose public figure in the context of this action, and that plaintiff “had not established a prima facie case for actual malice,” the trial court dismissed the case. The TPPA, Tenn.

article thumbnail

Supreme Court affirms death penalty, with a Batson dissent

At the Lectern

The superior court ruled the defendant had not made even a prima facie case of discrimination and thus did not require the prosecutor to justify his challenge. was ‘ “racially motivated.”

article thumbnail

A couple of Racial Justice Act grant-and-transfers at the Supreme Court conference

At the Lectern

Yesterday’s early Supreme Court conference was as sedate as last week’s was bustling. Last week , the court ruled on 201 matters, and there were two straight grants and three multi-justice dissents from denials of review, including two dissents with detailed separate statements. Code, §§ 745, subd. (d),

article thumbnail

The drop in straight grants is indeed not permanent — Part I

At the Lectern

In another case involving the Racial Justice Act (see Montgomery above and Avalos below), the court issued an order to show cause, returnable in the superior court, in In re Naddi , a pro per’s habeas corpus petition. Rules of Court, rule 8.528(d); see In re Benoit (1973) 10 Cal.3d ” (Link added.)

article thumbnail

Supreme Court will resolve conflict about co-tenancy leasing requirements (and about punctuation?)

At the Lectern

The order requires the Fourth District, Division One, to determine whether relief should be granted “on the ground the trial court and court of appeal misapplied the standard for establishing a prima facie case for relief (Petn. Rules of Court, rule 4.551, subd. (c)(1); 29; see also Cal.

Court 60