Editorial Staff
Trademark Pulse pulses the Deceptively similar Pulser
In this case, the Plaintiff had instituted a suit against the Defendant and his proprietorship for infringement of trademark, copyright, trade dress, layout, colour combination, get up of the Plaintiff’s trademark PULSE candies adopting the trademark PULSER along with a deceptively similar trade…
The battle of the ‘JABARDASTH’ vs ‘BAND BAJA BAARAAT’
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. This is an essential feature for any right claiming copyright infringement, and was missing in the subject matter…
Delhi HC rules against E-Commerce Platforms
In the world of E-Commerce, Intellectual Property (IP) owners face challenging times owing to counterfeit products being sold by unauthorized sellers on E-commerce platforms and it is not merely the unauthorized sellers but the unbridled and elusive E-commerce entities to be considered as well.…
No Moral Rights over Destruction of a Work: Delhi High Court
In the world of construction, an architect holds a remarkable position. Generally, an architect is often subjected to resentment, and faces multiple disputes when he or she tries to balance between the builders and the owners of the building. An architect quite often turns to be the ultimate…
Who will guard the guards (Intellectual Property Appellate Board)?
The Intellectual Property Appellate Board recently held hearings for trademark matters in July 2019. The cause list was sent on 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…
Conflicting 'Ventures' of Domain Names
Technology is at our fingertips today. At the ‘click’ of a button, we get the desired result that we want. It has become a silent best friend without whom human existence seems inconceivable. Nevertheless, there is always a point when, honey too can be poisonous and that’s how technology is to be…
Guidelines for Permitted Use of Indian Geographical Indication (GI) Logo and Tagline
Darjeeling Tea, Mysore Silk, Nagpur Orange, Tirupathi Laddu, Feni, Banaras Brocades and Sarees are a few among the many registered geographical indications, in short, GIs in India. In simple words, GI is an indication or sign which helps identifying a product originating from a particular location,…
The Case of Dynamic Injunction
In a recent judgement (UTV & Ors. vs. 1337x.to & Ors.), the Delhi High Court set a precedent by issuing India’s first-ever ‘dynamic injunction’ against websites who were deemed to be infringing upon the rights of copyright holders. Under this remedy, if the Plaintiffs are made aware that an…
Customs Recordal in India - Averting the cross-border movement of infringing goods
With the advancement of technology and the expansion of the grey-market, brands worldwide are currently facing a large-scale import and export of infringing/false & counterfeit goods. Accordingly, to stop the illegal import/export of the counterfeit goods and products into the Indian market,…
The Curious Case of ‘Legal Fakes’
A legal fake although a contradictory term, is used to describe the practice of securing a legal right over a trademark which is obtained as a result of registering such trademark in a certain country before the original owner of that trademark is able to do so. Supreme Italia One of the most…