Our Associate, Madhurima Gadre discusses “Colour Marks are Inherently Distinctive” On April 8, 2020, the Court of Appeals of the Federal Circuit (“CAFC”) in the United States held that colour marks, i.e., marks consisting solely of one or more colours without words or designs, can be inherently distinctive. It all started in 2014 when Forney […]

Our Associate and Manager (Trade Mark Prosecution and Oppositions), Ajaya Kumar V, discusses on “COVID 19 and the IPR World in India” Due to the COVID 19 pandemic, India has been under a lockdown since March 25, 2020. Although the lockdown is slated to end on April 14, 2020, it appears that the lockdown may […]

Our Associate, Vishesh Kumar discusses ” The Scope of Amendment of Pleadings in a Civil Suit” On March 16, 2020, a Division Bench of the Delhi High Court, in D&H India Ltd. v. Superon Schweisstechnik, decided a highly contentious question of amendments to complaints filed in suits for trademark infringement and passing off.  By this […]

Our Associate, Caroline Mathews discusses “E-rickshaw Manufacturer Restrained from Infringing the BMW Mark” The Delhi High Court recently granted well-known German auto manufacturer, Bayerische Motoren Werke AG (”BMW AG”), an interim injunction against use of the DMW and DMW Stylized marks (shown below) by Om Balajee Automobiles (India) Private Limited (“Om Balajee”) on and in […]

Our Associate, Sandeep Gupta discusses “India—Protectability of Slogan Marks” A slogan is a repetitive, short, instantly appealing and memorable group of words that people will identify with goods and services instantly. Its variants are former headlines, taglines (also called straplines in U.K) and brand jingles. Brand owners generally use slogans as part of their marketing […]

The World Intellectual Property Organization (WIPO) has defined trade secret as “any confidential business information which provides an enterprise a competitive edge. The unauthorized use of such information by persons other than the holder is regarded as an unfair practice and a violation of the trade secret”‘[1] When compared to other types of intellectual property, […]

On February 20, 2020, the Controller General of Patent, Design and TradeMarks issued a public notice that indicates steps being taken to further streamline the Registry’s functioning. These changes are a direct result of the suggestions made at stakeholder meetings held in Delhi, Mumbai and Chennai. Some key steps/proposed steps are as follows: Requests to […]

The Patents Act, 1970 (“Act”) includes a computer programme per se as a non-patentable invention.  The patentability of Computer Related Inventions (“CRIs”) or software patents has always been much discussed issue in India. In this regard, the decision of the Delhi High Court in Ferid Allani v. Union of India and Ors. (Order dated December […]

Recently in Amazon Seller Services Pvt. Ltd. v. Amway India Enterprises Pvt. Ltd. &Ors. FAO(OS) 133/2019 and CM APPL. 32954/2019, while setting aside a Single Judge decision, a two-judge bench addressed key issues concerning e-commerce portals and Direct Selling Entities (“DSE”) such as Amway. Amway India Enterprises Private Limited and other DSEs (“Plaintiffs/Respondents”) had filed […]

The commercialization of Internet affects all aspects modern life. Now-a-days video bloggers and social media influencers give online marketing another dimension and hold enough influence to make a substantial impact in making or breaking of a brand name and its value. Such massive societal influence inevitably necessitates that the judiciary is on its toes. A […]