Sound Board

Our thoughts and views on the practice of Intellectual Property in India and around the world.

Imagine not being able to label your lungis, as “lungi” because a juggernaut has registered a trademark for the word? Sounds ridiculous, doesn’t it? Kim Kardashian West attempted to trademark the word, “kimono” for her new line of shapewear. The application was withdrawn following backlash from netizens accusing Kim for cultural appropriation. This is not the first time the global community has created an uproar about a trademark being cultural appropriation of a community.

The Cell for IPR Promotion and Management, under the Department for Promotion of Industry and Internal Trade (DIPP) floated a 23 page model guidelines booklet on the implementation of IPR policies in Academic Institutions, in early September, 2019.

Trademark holders can finally stop fretting over errors in their trademark registration certificates with the much-welcomed notice by the Indian Trademarks Office dated September 6, 2019.  After multiple requests from the Trademark Owners and trademark Counsels troubled with wrong details on the trademark registration certificates, the Trademark Office has gotten the ball rolling by affording an opportunity to make right the errors made by the Trademark Office on the  Registration Certificates…

Did you know that there is an entire system that dictates the quality and features of technological devices, which everyone in the industry has to follow? This is the world of Standard Essential Patents, where technological development and trade are slowly but surely getting choked by the whims and fancies of their inventors, who know how to throw their weight about especially without the sufficient restraints of law.  

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!

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.

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.

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.

A classic examples of legal fakes is the case of Supreme Italia, a company that has established its presence depending solely on the concept of legal fakes. The strategy that was adopted by the brand was to simply target the less informed customers into believing that it was dealing in products that were from the original brand Supreme.

The name Adidas is not new, and neither are its products. But in a major twist and what appears to be a blow, the European Court has ruled that the “three stripes” brand/trademark of Adidas was not distinctive enough.