Trademark and amp; Copyright Suits Against Non-Competitors
An infringing competitor is a bane. However, in a suit for injunction, an infringing non-competitor could be the greater annoyance. The...
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Sep 29, 20173 min read
Evading Trademark Infringement – The Fair Use Route
A registered trademark is the exclusive property of its owner, and its use by a third-party without the permission of the owner is an...
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Sep 25, 20174 min read
2D Designs – Their Viability in India
Designs Under the law of designs in India, only the features of shape, configuration, pattern, ornament or composition of lines or...
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Apr 13, 20173 min read
Justice Patel restrains the release of Mahesh Manjrekar’s Marathi film ‘Rubik’s Cube’ – declares it
In a not-so-puzzling case of an unauthorized use of a trade mark as a film title, Justice G. S. Patel of the Bombay High Court restrained...
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Mar 7, 20173 min read
TRADE MARK RULES
On March 6, 2017, the Government of India (“GOI”) announced new rules governing trade mark practice. These rules are effective with...
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Dec 20, 20162 min read
Clinching the Delhi High Court’s Territorial Jurisdiction in Copyright and Trademark Suits
This post examines trends emerging from the Delhi High Courts’ decisions of 2016 on the subject of territorial jurisdictions in trade...
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Dec 6, 20163 min read
Obtaining a Trade Mark Registration in India—Differences Compared to the United States of America
This post outlines the major differences between procedures involved in obtaining a trade mark registration in the United States of...
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Nov 25, 20162 min read
Artistic works under Copyright Law in India
Copyright is a legal right that protects the interests of creators of original works. One such category of works is “artistic works”. The...
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Nov 10, 20163 min read
Trademark Cancellation Action as a Defense Mechanism to an Infringement Suit
It is not uncommon to see Defendants in trademark infringement law suits challenge the validity of the trademark registration(s) relied...
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Oct 18, 20162 min read
The Delhi High Court rules on Rubik’s Trade Dress
On September 6, 2016, the Delhi High Court granted Seven Towns Limited., the owner of the world-famous RUBIK’s Cube, an interim...
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Sep 22, 20163 min read
The Delhi High Court Refuses to Injunct University Photocopier!
A recent judgment of the Delhi High Court involving a photocopying shop operating in the prestigious Delhi University’s campus is...
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Sep 10, 20163 min read
Efficacy of Cease and Desist Letters in India
This post talks about how courts in India construe action or inaction upon receipt of a cease and desist letter by a potential defendant....
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Aug 2, 20162 min read
INDIA – A New Development at the Trade Marks Registry
On July 28, 2016 the Trade Marks Registry (“TMR”) has announced that it will no longer issue original Certificates of Registration for...
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Jul 26, 20162 min read
Rights Granted by the Registration of a Composite Mark
Does registration of the individual components of your composite mark, alone, confer effective protection to your composite mark taken as...
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Jul 10, 20162 min read
Filing Trade Mark Applications in India—Some Common Pitfalls
Filing a trade mark application in India should be simple, right? Wrong. Consulting with a specialist is a good idea because there are...
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Jun 30, 20163 min read
Using Ex-Parte and Ad-Interim Injunctions to Enforce Trademark Rights in India
Despite gradual improvements over the years, the time frame from filing to decision in civil suits in India tends to be very long, only...
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May 10, 20163 min read
Remedies Against Trade Names That Incorporate Trade Marks of Others
Under the Trade Marks Act, 1999 (hereinafter “the Act”), a trade mark includes a trade name. The Act states that a registered trade mark...
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Apr 20, 20162 min read
SPLITVIEW—The Battle in the Delhi High Court
Recently Apple Inc. (“Apple”) was sued by Rohit Singh, a local software developer, in the Delhi High Court for passing-off. The suit...
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Apr 10, 20163 min read
Use Information in a Trade Mark Application
The law on trade marks requires all trade mark applicants to state whether their applications are based on proposed use or use. If an...
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Jul 8, 20153 min read
INDIA’S SUPREME COURT ON JURISDICTION IN IP MATTERS
IP owners have long preferred the High Court in Delhi for filing lawsuits involving their property. This preference is based on a number...
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Jun 29, 20152 min read
Filing Trade Mark Applications in INDIA
In recent times the Trade Marks Registry has introduced an e-filing portal through which most documents, including trade mark...
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