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 […]

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 […]