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 […]

On September 27, 2019, after a court-room battle of eight (8) long years, Suneel Darshan, a producer and director in the Indian movie industry, also known for movies like Andaaz and Barsaat, emerged victorious against the Internet giant Google, and its video sharing website Youtube, in a suit for copyright infringement. In M/s Shri Krishna […]

On October 24, 2019, the EU General Court ruled that the popular RUBIK’s Cube toy puzzle does not meet the requirements for registration as a three-dimensional trade mark. The path leading up to the decision was long and dramatic! It all started in 2006 when Simba Toys GmbH & Co. KG (“Simba Toys”), a German […]