Intellectual Property, Technology & Media
Solaris Legal litigates and arbitrates disputes over trademarks, copyright, passing off, confidential information, proprietary source code, technology contracts and media rights. Clients include software developers, software-as-a-service (SaaS) businesses, domain name registrars, internet intermediaries, media houses, insurers and manufacturers, as plaintiffs and as defendants. Instructions run from pre-action advice on rights and remedies to suits and interim injunctions before the High Courts and district courts, arbitration under licensing, services and master services agreements.
The legal framework
Rights arise under the Trade Marks Act 1999 and the Copyright Act 1957, passing off and confidence at common law. Suits of the specified value proceed under the Commercial Courts Act 2015. Since the Tribunals Reforms Act 2021 abolished the Intellectual Property Appellate Board, rectification petitions and appeals from the Registrar of Trade Marks lie to the High Courts, in Delhi to the Intellectual Property Division alongside the suits. Intermediary directions engage the Information Technology Act 2000 and the intermediary rules of 2021, insolvency applications the Insolvency and Bankruptcy Code 2016, and arbitration the Arbitration and Conciliation Act 1996.
Scope
Trademark and copyright infringement and passing-off suits and interim injunction applications before the High Courts and district courts, for plaintiffs and for defendants including media houses and public figures.
Arbitration over the ownership and exclusive use of a brand and its marks as between the members of a family-run business on its restructuring.
Actions to restrain the use and disclosure of confidential information, trade secrets and proprietary source code by former employees and competitors, with claims for damages for lost profits.
Arbitration under licensing, user and master services agreements over the disclosure and use of proprietary source code and copyrighted software, for licensors and for users.
Advice to employers on data theft by former key managerial personnel and employees, including suits to restrain dissemination and the negotiation of undertakings, declarations and severance formalities.
Arbitration and claims under software services and licence agreements over deficient services, IT solutions not commercially exploitable, unmet statement of work criteria and liquidated damages for missed milestones.
Litigation for domain name registrars and intermediaries on the reach of court orders, including dynamic injunctions, proactive notification and future registration directions, and deletion from the array of parties.
Applications by resolution professionals before the National Company Law Tribunal for control of a corporate debtor's domain name, defended for domain name registrars.
Advice to licensors of media rights on their remedies where a sub-licensee is in breach, and claims by media rights management companies against sports bodies.
Where it applies