Invalidity of a Registered Trademark: Uniformity in Indian and European Perspectives
Recently the Advocate General (AG) of the European Court of Justice rendered an opinion in the case of Sky Plc & Ors. v. Sky Kick UK Ltd....
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Dec 17, 20192 min read
THE PUZZLE OF THE RUBIK’S CUBE 3D TRADE MARK
On October 24, 2019, the EU General Court ruled that the popular RUBIK’s Cube toy puzzle does not meet the requirements for registration...
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Dec 11, 20192 min read
Doctrine Of Estoppel By Acquiescence
Recently in Make My Trip (India) Private Limited vs. Make My Travel (India) Private Limited CS(COMM) 889/2018, I.As. 6896/2018 &...
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Dec 2, 20192 min read
Current trends in the functioning of Trade Marks Registry
The advent of Trade Mark Rules in 2017 (“Rules) has seen many positive changes at the Trade Marks Registry (“Registry”). The objective of...
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Oct 15, 20192 min read
Delhi High Court Rules on Documents to be Filed with Complaints Alleging Trade Mark Infringement
A Legal Proceedings Certificate or LPC is prima facie evidence of any entry made in the Trade Marks Register. As is the case in most...
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Sep 30, 20192 min read
Non-Use Cancellation Actions in India
Indian trademark law allows for the cancellation of a trademark registration if, for a continuous period of five years and three months...
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Sep 30, 20192 min read
The Interpretation Of “Actual Knowledge” – Safeguarding The Safeguard For Intermediaries From Interm
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...
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Aug 30, 20193 min read
Unsubstantiated or Bare Denials in Commercial Suits – Whether Sufficient to Frame Issues?
It is fairly common for trials in intellectual property law suits to get prolonged incessantly owing to delaying tactics adopted by one...
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Aug 14, 20193 min read
Major Indian e-commerce platforms Prohibited From Selling Amway, Modicare and Oriflame Products
On July 8, 2019, the Hon’ble Delhi High Court issued an interim injunction restraining major e-commerce platforms, including Amazon,...
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Jul 31, 20191 min read
Another Step Towards Modernization of the Working of the Trade Marks Registry
Over the last few years, the Indian Trade Marks Registry (“Registry”) has taken the initiative to modernize its working by introducing...
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Jul 29, 20193 min read
Pendency at the IPAB – Ray of Hope?
The Intellectual Property Appellate Board (“IPAB”) was established in the year 2003 primarily with the objective of rendering “technical”...
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Jul 15, 20191 min read
Accession of India to International Classification Treaties
India has joined three WIPO administered classification treaties designed to ease the search for trademarks and industrial designs. These...
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Jun 28, 20192 min read
Trademark Protection for Buildings: A Growing Trend
Recently the Bombay Stock Exchange and well-known comedian, Kunal Kamra, engaged in a battle on Twitter in connection with Mr. Kamra’s...
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Jun 14, 20192 min read
Proposed Copyright Amendment Rules, 2019: Our Perspective
Recognizing that the rules governing the Copyright Act, 1957 (“Act”) need modernizing in this digital era, on May 30, 2019, the...
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May 29, 20192 min read
Delhi High Court’s New Requirement In Cases With Multiple Defendants
The order of naming defendants in intellectual property suits is usually determined as a matter of strategy before a suit is filed. Up...
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May 8, 20192 min read
Trade Mark Bullying
While it is of paramount importance for trade mark owners to enforce their trademark rights, ensuring that these owners do not cross-over...
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May 1, 20192 min read
Dynamic Injunction: A New Mechanism To Tackle Online Piracy
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),...
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Apr 9, 20193 min read
Similar Marks for Dissimilar Goods in the Same Class
Registration of deceptively similar marks for different goods in different classes is almost never an issue! However, what about...
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Mar 13, 20192 min read
Renewal of Trade Mark Registrations in India
Like many other countries, an Indian trademark registration remains valid and subsisting for a period of ten (10) years from the...
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Mar 1, 20192 min read
The Overlap Between Copyright and Right to Publicity Law in India
Last month it was widely reported that American fashion model, Gigi Hadid, was sued by a photo agency for sharing a copyrighted...
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Mar 1, 20194 min read
Interface between Copyright and Design Rights in India
The inherent nature of intellectual property is such that the overlap between the bundle of rights available to an owner in a single...
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