Practice what you preach, especially if you’re an IP Lawyer

In an interesting turn of events, the Delhi High Court ruled in favour of Sujata Chaudhri of Sujata Chaudhri IP Attorneys in a trademark infringement, copyright infringement, and passing off suit restricting another intellectual property lawyer Swarupa Ghosh from using a deceptively similar logo.

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Who can file the request for examination of a patent application in India?

In the Indian Patent system, an application for the grant of patent is  taken up for examination by the Indian Patent Office only when request for examination of the application is filed. Unless a request for examination is filed by either the Applicant or any other interested party there shall be no examination of a patent application. The time period for filing a request for examination shall be 48 months from the date of priority of the application or from the date of filing of the…

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Pre-Litigation mediation in Intellectual Property matters in India

The Court held that in an intellectual property case, where the matter affects not only the disputants but also the consumers and the plaintiff has already exhausted all possible recourses to amicably resolve the matter, then the plaintiff’s application seeking exemption from instituting pre-litigation mediation proceedings in accordance with section 12-A of the Act can be allowed. Thus, it can be said that in intellectual property cases, such reliefs are granted by Courts not merely for the…

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Delhi High Court decides on the appropriate jurisdiction (HC) for appeals against the orders of the Patent Office

The Delhi High Court in the matters of Dr. Reddys Laboratories Limited & Anr. Vs. The Controller of Patents & Ors. C.O. (CONN.IPD-PAT) No. 3/2021 with Thyssenkrupp Rothe Erde Germany GMBH Vs. The Controller of Patents & Anr. C.O. (CONN.IPD-PAT) 1/2022 and Elta Systems Ltd. Vs. The Controller of Patents C.A.(COMM.IPD-PAT) 169/2022 decided upon the question, of whether upon the abolishment of the Intellectual Property Appellate Board (“IPAB”), all High Courts can entertain revocation petitions…

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Pre-Litigation Mediation in Commercial Disputes in India

Alternate methods of dispute resolution are amicable methods of resolving disputes without the intervention of courts. It decreases the burden of the courts and encourages settlement proceedings among the parties. Generally, Alternate Dispute Resolution (ADR) uses one or more neutral third parties who help the parties to communicate, discuss the differences and resolve the dispute. ADRs are a set of methods that enable individuals and group to maintain cooperation, and social order and provides…

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Delay in filing Request for Examination due to negligence of legal counsel – Madras High Court orders restoration of the abandoned patent application – India

The Madras High Court allowed the two writ petitions filed by the applicant with respect to two patent applications that were deemed abandoned by the Indian Patent Office on account of delay in filing the Request for Examination. The present writs were filed to challenge the orders dated May 3, 2016, passed by the Deputy Controller of Patents and Designs, which had dismissed the applications filed by the applicant since the request for examination was not filed within the prescribed timeline of…

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FLY HIGH vs FLY HIGHER, Delhi High Court Decides Upon Infringement of a mark not being used as a Trademark

The Delhi High Court’s Justice Jyoti Singh vide her order dated October 28, 2022 has vacated an ex-parte ad interim injunction (dated January 21, 2022) against Tata Sia Airlines for using the mark ‘Fly Higher’ in their promotional campaigns. Justice Singh in her order has deliberated the question of whether the registration of the trademark 'Fly High’ by the plaintiff could prevent the defendant from using the phrase 'Fly Higher' in their promotional campaigns.

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Trademark renewal in Pakistan

A trademark in Pakistan can be renewed for a period of 10 years. A request to renew a trademark in Pakistan should be made at any time during 6 months before the expiry of the trademark.

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Maintaining a Trademark in Sri Lanka

A trademark once registered in Sri Lanka, is valid for a period of 10 years from the date of filing of the application or from the date of last renewal, as the case maybe.

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Moment Marketing and its legal implications

The power of the internet, in particular that of social media is humungous. People are constantly tied to their phones, eyeing for any latest news that may spring up, be it in the form of a tweet, a meme or a viral video. So, when used strategically, social media rather becomes one of the most powerful tools of digital marketing. With the evolution of social media, the concept of moment marketing has also become increasingly common. But what exactly is moment marketing? It is marketing in…

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