Indian trademark law allows for the cancellation of a trademark registration if, for a continuous period of five years and three months from the date on which the mark was entered into the Trade Marks Register, there has been no bona fide use of the trademark for the goods/ services covered by the registration. Courts […]

On August 28, 2019 the Hon’ble Delhi High Court, in FaceBook Inc &Anr. v. Surinder Malik &Ors. CM(M) 1263/2019, clarified the scope of intermediary liability insofar as trade mark infringement is concerned.  Surinder Malik had filed the suit against four (4) defendants who are alleged to be infringers on the grounds of trade mark infringement, […]

On July 8, 2019, the Hon’ble Delhi High Court issued an interim injunction restraining major e-commerce platforms, including Amazon, Flipkart, HealthKart and Snapdeal, from selling products manufactured by Amway, Modicare and Oriflame that are direct sellers as defined in the Direct Selling Guidelines of 2016.   These guidelines define direct selling as marketing, distribution and sale […]

Over the last few years, the Indian Trade Marks Registry (“Registry”) has taken the initiative to modernize its working by introducing initiatives such as e-filing, digitization of files, etc.  Yet another initiative in the direction of modernizing is email communication.  In May 2019 the Registry issued a public notice requesting all applicants, registrants and/ or […]

The Intellectual Property Appellate Board (“IPAB”) was established in the year 2003 primarily with the objective of rendering “technical” expertise in IP cases. However, in recent times, the IPAB has been plagued with a long pendency of cases, in large part due to lack of coram. Under the law, the IPAB bench shall comprise of […]

India has joined three WIPO administered classification treaties designed to ease the search for trademarks and industrial designs. These treaties are the Nice Agreement, the Vienne Agreement and the Locarno Agreement.  The treaties will enter into force on September 7, 2019. Although the Trade Marks Registry and the Designs Office have followed the classification systems under these […]

Recently the Bombay Stock Exchange and well-known comedian, Kunal Kamra, engaged in a battle on Twitter in connection with Mr. Kamra’s use of a photoshopped image of the iconic Bombay Stock Exchange (“BSE”) building in his tweets. BSE’s concern over the issue emanates from its trademark registration for the three-dimensional representation of the BSE building […]

Recognizing that the rules governing the Copyright Act, 1957 (“Act”) need modernizing in this digital era, on May 30, 2019, the Government of India published proposed amendments to the rules.  These draft rules are open for comment by the public until June 29, 2019.  It appears that the draft rules flow out of the Bombay […]