Copyright is a legal right that protects the interests of creators of original works. One such category of works is “artistic works”. The term “artistic works” brings to mind the paintings and murals of the likes of Van Gogh and Michelangelo. However, to qualify as an “artistic work”, a work need not possess a high […]

Recently Apple Inc. (“Apple”) was sued by Rohit Singh, a local software developer, in the Delhi High Court for passing-off. The suit emanated from Apple’s use of the term SPLITVIEW as the name of a feature of its recently launched software. As the term suggests, the SPLITVIEW feature gives users the ability to split the […]

IP owners have long preferred the High Court in Delhi for filing lawsuits involving their property.  This preference is based on a number of factors, including savvy judges who have long been exposed to intellectual property issues, the court’s willingness to grant ex-parte orders (without a defendant’s appearance) and expertise of lawyers.  A very recent […]

A recent judgement pronounced by the Delhi High Court on May 19, 2015, would have come as a huge relief for international fashion brand ZARA. In this case, the owners of the fashion brand ZARA filed a suit for infringement and passing of their well- known brand ZARA against the owners of a restaurant in […]

On 11 May 2015, the Delhi High Court pronounced a judgment on the relatively long drawn battle between two brothers involving use of the SHRI RAM surname in connection with educational institutions. [SRF FOUNDATION & ANR. V. RAM EDUCATION TRUST (CS (OS) 1980/2014)].  See judgment here.  The plaintiff had filed the lawsuit on 8 July […]

In my career as an IP professional so far, the myth that I have heard most from unwary clients is that an idea is protectable by way of copyright. However, the truth is that an idea is never the subject of a copyright, it is the expression of the idea that is. For instance, if […]

The Delhi High Court rendered its preliminary opinion on 31st October, 2014 on a rather unique trademark and copyright dispute. The dispute surrounds the use of animated firefighters in a television advertisement for an antacid to extinguish a ‘fire’ in the actor’s stomach (the fire being symbolic of heartburn caused by acid reflux which antacids […]

A hashtag is a word or an unspaced phrase prefixed with the hash character (or number sign), #, to form a label. A hashtag allows grouping of similarly tagged messages, and also allows an electronic search to return all messages that contain it. Because of its widespread use, the word, hashtag, was added to the […]