The Politics of Indian Intellectual Property
For those of you who decided to read the article based on the title, expecting some hard hitting piece of English prose on India and US talks on IP based on the issue of pharma patents and the like; I’m sorry to disappoint. I started off this post with a very simple question in mind as to whether the political parties contesting the elections in India have their names, symbols or slogans trademarked or not.
Trademark Application Status “Advertised as Accepted (AAA)” – Explained
When a trademark application is filed, it is examined by the Trademark Office to check if it overcomes the objections laid down by the Trademarks Act 1999(predominantly Section 9 and Section 11 of the Act). If there are objections to registration of the said mark, an opportunity is given to the applicant to overcome the objections so raised through a response to the examination report and further, if necessary, through a hearing before a Hearing officer. Based on the same, the mark is either…
Old tactics but New game – Trademark Bullying
From the newspapers to our daily lives and our secret fears – it’s all about being intimidated by the big guy. Most of us believe (or is it just me?) that they can be overpowering because they are they and we are we. I can’t begin to fathom how it must be out there for the new entrepreneurs in the competitive market. The big sharks are waiting to swallow them and they tread carefully hoping to survive the competition. The David-Goliath battle in not new to any filed and it is no exception in…
Trademark Crystal : Taking on Goliath and winning
In the world of fashion, Swarovski is known for its crystals. Yet in what could be described as a David vs. Goliath battle, Swarovski lost its registered trademark “Crystal Glamour” in January 2014 because of a rectification petition filed by an innocuous and relatively unknown textile manufacturers from Tiruppur (a city in the South Indian state of Tamil Nadu) called Crystal Knitters. However, much like the Cadbury in Cadbury vs. ITC case before the IPAB, Swarovski gave up its registered mark…
The Five Commandments of Networking for Indian Lawyers
It all starts in the womb. I don’t mean anything euphemistic or metaphorical, but literally; I was recently told that to get into premier schools in India, parents have to apply for admission immediately after conception. One parent, was incredibly upset that he missed out because his child was already due in a month and he hadn’t applied! He tells me, “There are plenty of schools, I know, but in this one my child would have been able to study with X’s children and think of it, several years…
How Cadbury lost some of its trademarks in India
A little over 5 months ago, the IPAB’s order caught everyone by surprise. Cadbury, the company known very well indeed for Cadbury Eclairs, lost some of its marks consisting the term “Eclairs” without putting up much of a fight. Interestingly Cadbury’s loss was a foreseeable consequence of its own action against ITC.
The Case of Choclairs
Cadbury and Lotte are famous brands for chocolates with Cadbury probably a little more famous in India since it has been around for quite a while. This fact may have been one of the many reasons why Cadbury could obtain an interim injunction against Lotte in January this year.
Parodies and trademarks in India
The quote above might be a little misplaced since this article is about parodies of trademarks and their position in Indian law but Weird Al’s words reflect certain irrefutable truths about parodies. One such truth is that parodies are an imitation (either comical or satirical) of something famous and well-established which would inevitably be imitated. Parodists walk a thin line. For creating a good parody, a parodist must sufficiently borrow from the original for the audience to recognise it…