As Vistara Takes off –Legally
September 9, 2019TrademarksInfringement,trademarks,intellectual property,TATA,Vistara
It is of common knowledge that planes fly by taking off, but sometimes they just have to take off in the other sense of the word! Rightfully!
Infringement & the Essential Feature of a Trademark
September 3, 2019TrademarksInfringement,trademarks,intellectual property,MSME,MAX
The importance of a Trademark and the benefits it confers on a business entity cannot in any manner be overlooked. A dispute arose between Max Healthcare Institute Limited and Shahrudya Health Care Private Limited, the Plaintiffs and Defendants respectively.
Intellectual Property Rights & MSME- Bridging the Gap
August 26, 2019Copyrightsintellectual property,open source software,MSME
the Engineering Export Promotion Council Chairman, Ravi Seghal, emphasized on the need for the adoption of Intellectual Property rights to protect innovative ideas and strategies of Micro, Small and Medium enterprises (MSME’s) in a highly competitive global economy.
There’s no such thing as a free lunch (or is there?)
August 16, 2019CopyrightsCopyrights,intellectual property,open source software
Copyright is a unique animal among the various types of intellectual property. Usually, copyright vests in a work as soon as it is created, and registration of a copyright is not mandatory to obtain some form of legal protection. It is this aspect of copyright that gives rise to various types of copyleft and permissive licenses of copyrighted works, because it gives the creator of a work rights over their work immediately upon creation.
The rewards of the commons – the Creative Commons licenses
August 12, 2019CopyrightsCopyrights,intellectual property,copy left,creative commons,license
The word “copyright” is a legal term which has become entrenched in everyday conversation because of its ubiquity and widespread use. Copyleft, on the other hand, is a more obscure term which refers to a particular type of copyright license.
Trademark Pulse pulses the Deceptively similar Pulser
August 7, 2019TrademarksInfringement,trade dress,India,intellectual property
The business was with respect to hard boiled candies and the trademark had gradually acquired popularity among the public since then. The candies under the tradename PULSE were sold in various flavours inter alia were Kaccha Aam, Guava and Orange and it was packed in a unique way having distinct layout, get up and colour scheme.
The battle of the ‘JABARDASTH’ vs ‘BAND BAJA BAARAAT’
August 5, 2019CopyrightsCopyrights,India,intellectual property,Yash Raj Films
On July 8, 2019 The Delhi High Court decided that a copyright infringement occurs when there is no ‘Originality’ under Section 13(3)(a) and Section 2(d) of the Copyright Act, 1957. To decide this, reliance was placed on two other cases- R.G. Anand v. M/s Deluxe Films and Ors., (1978) 4 SCC 118 and MRF limited v. Metro Tyres Limited, CS (COMM) 753/2017.
Delhi HC rules against E-Commerce Platforms
August 3, 2019Intellectual Property Rightsintellectual property,E-commerce platforms,direct sellers,Delhi High Court
Recently, a batch of seven suits for injunction were filed in the Delhi High Court by Amway, Modicare, Oriflame against 1MG, Amazon, Flipkart and few other E-commerce entities for injunction to restrain direct sellers from selling the Plaintiffs’ products on the E-commerce platforms without the former’s consent. .
No Moral Rights over Destruction of a Work: Delhi High Court
July 29, 2019TrademarksDelhi HC,Copyrights,India,intellectual property
In the world of construction, an architect holds a remarkable position. An architect quite often turns to be the ultimate decision maker on any project, a question then arises would that give, the architect, as the creator and legal ‘author’ of a building a ‘right to object’ to the modification or destruction of their work by the owner of the building? In a recent judgment, the Delhi High Court has answered the question in negative.
Who will guard the guards (Intellectual Property Appellate Board)?
July 29, 2019Intellectual Property RightsIPAB,India
The Intellectual Property Appellate Board recently held hearings for trademark matters in July 2019. The cause list was sent on a rather short notice, and came as a surprise to many advocates since the IPAB currently doesn’t have a technical member for trademarks, and therefore should not be hearing trademark matters under the law. We’ll be taking a look at this in closer detail in this post.