While it is of paramount importance for trade mark owners to enforce their trademark rights, ensuring that these owners do not cross-over the bridge to abusive enforcement has as much gravitas. Very often, threats of infringement proceedings are used by large companies as a means to intimidate smaller ones, who, for time and/or lack of […]

Recently the Delhi High Court, in UTV Software Communication Ltd. And Ors vs. 1337X.TO And Ors, (Order dt. 10.4.2019 CS(COMM) 724/2017), dealt with ‘Dynamic Injunctions’. With this decision, a plaintiff may directly approach the Joint Registrar of the Delhi High Court to extend an existing injunction against a website to similar ‘mirror/redirect/alphanumeric’ websites that  contain […]

Registration of deceptively similar marks for different goods in different classes is almost never an issue! However, what about registration of deceptively similar trade marks for different goods in the same class? In most, if not all, developed economies around the world courts and tribunals allow registration of marks that may be deceptively similar for […]

Like many other countries, an Indian trademark registration remains valid and subsisting for a period of ten (10) years from the application date.  It is pertinent to note that, in India, the registration date is the same as the application date.  Therefore, the ten (10) year renewal date is counted from the date of filing […]

Last month it was widely reported that American fashion model, Gigi Hadid, was sued by a photo agency for sharing a copyrighted photograph of herself on her Instagram account. In the US, the accepted market practice is to obtain a license for such photographs.  However, in India, such practice is not the norm.  Surprisingly, however, […]

The inherent nature of intellectual property is such that the overlap between the bundle of rights available to an owner in a single subject matter is unavoidable. Consequently, maintaining harmonious co-existence between these rights and setting a precedent that fits all is proving to be a difficult task for enforcement bodies. One such blurred line […]

In 2013, India’s Supreme Court in Shreya Singhal v. Union of India, (2013) 12 SCC 73 caused many online marketplaces in the country to disregard complaints of infringement on such marketplaces.  This post discusses how the scenario might be changing. Online marketplaces in India celebrated the Supreme Court’s 2013 decision requiring them to act on […]

It is now possible for trademark and design infringement to be alleged in a single lawsuit. A five-judge bench of the Delhi High Court reaffirmed this no-brainer last month in Carlsberg Breweries v. Som Distilleries and Breweries (Decision dated 14.12.2018 in CS(COMM) 690/2018). However, the path to this common-sense ruling is rife with five years […]

For any brand owner, the accordance of well-known status to his brand is a “milestone.” The protection afforded to a well-known trade mark goes beyond traditional standards and focuses on protecting the distinctiveness of a trademark as against free riding and defilement. In India, the factors which are to be considered while determining the well-known […]