Editorial Staff
The case of Toyota Prius & trans-border reputation
It was a sigh of relief for the Delhi based automotive accessories Company (Prius Industries) when the infringement case wasn’t decided against them as Toyota failed to prove trans-border reputation. Prius Auto Industries, set – up in Delhi in the year 2001 and engaged into manufacturing automotive…
Ramification for the 11th hour complainants
It has been a trend in the cine industry to file for copyright infringement against a movie when the said movie is due for release. In a recent judgment of Dashrath B. Rathod And Ors v. Fox Star Studios India Private Ltd. rendered by the Hon’ble Bombay High Court on March 21, 2017, people witnessed…
Indian TMO issues guidelines for recognizing well-known trademarks
An owner of a well-known trade mark can now shout it from the rooftops; so to speak. Answering unspoken prayers, a public notice was issued on May 22, 2017 elucidating a list of guidelines to be followed for determination of a well-known trade mark by the Registrar which, if followed ensures that a…
Registration of Trademarks in Foreign Languages: Indian Perspective
In India, a trademark can be registered in any regional or foreign language. The representation of a mark that includes words in a language, other than Hindi or English and characters others than Roman or Devanagari are registrable under Indian law by virtue of Rule 28 of Trademark Rules 2017. Rule…
The ‘Nation wants to know’ Conundrum
Arnab Goswami, the famed Editor in Chief of Times Now recently quit to start his own venture, Republic TV, under the umbrella of ARG Outlier Media Pvt Ltd. His excessively loud, yet entertaining show, The Newshour, was frequented with the catch phrase he had popularised; ‘The Nation wants to……
Pitfalls to Avoid in Indemnification Clauses in Tech Licensing agreements
Before signing a technology licensing agreement, carefully review all its provisions, including the indemnification clauses. Regrettably, this very important part of a licensing agreement is often treated as a boilerplate provision. Don't make the mistake of waiting till the last minute to review…
Spring Board Doctrine: Protection of Trade Secrets
Trade Secrets A Trade Secret is information used in trade or business that is kept confidential to maintain an advantage over competitors generally known or easily accessible to persons involved in particular trade or business. It could be know-how, formula, recipes, manufacturing methods,…
Priority Trademark Application In India – All You Need To Know
The Paris Convention for the Protection of Industrial Property that was signed in Paris pertains to industrial property in a broad sense including trademarks, patents, trade names and geographical indications amongst others. The Convention predominantly deals with three categories namely national…
Trademark Infringement and Counterfeiting
Counterfeiting and infringement are two concepts that are often considered synonymous and similar to one another and the differences between the two are most often overlooked. Counterfeiting as defined in the English dictionary and as commonly understood by the general public stands for a…
Rental Rights Under Indian Copyright Laws
Copyright is a bundle of rights that exist with the owner or author of the work who has all the rights of exploitation of the work in any manner he wants which includes rental rights as well. Rental rights are rights to rent copies of work. No person other that the owner of the copyright can rent…