Editorial Staff

Punitive Damages denied for Trademark Infringement

In our earlier posts, we have covered the importance of damages in trademark infringement suits and the types of damages as well. The Courts in India have taken a liberal stand while granting nominal and compensatory damages. However, when it comes to punitive damages, the Courts have been…


Confidentiality or Restraint of Trade

Coming across Employee Confidentiality Agreements or inclusion of the Confidential Information clause in an employment agreement is a common part and parcel of the professional front.  However, there have been instances wherein under the disguise of protecting confidential information, such…


ISRA wins yet another case at the Delhi High Court

The Indian Singers’ Rights Association (ISRA) on 30th September won yet another case at the Delhi High Court against Night Fever Club & Lounge, Delhi. This is the second of its kind in recent times with the first being two months ago against Chapter 25 Bar and Restaurant, Delhi where performers…


No Protection For Generic Domain Names

Given the augmenting cyberspace era, domain name disputes are on an ultimate rise and there have been numerous judgments pronounced on domain name disputes and majority of these disputes are focused on the interplay between trademarks and domain names. Last month we had reported a Bombay High Court…


Financial Times - The never ending trademark battle

The legal battle between The Financial Times Ltd (FTL) and Times Publishing House Ltd (TPHL) over the trademark rights to the term “FINANCIAL TIMES” and “FT” has been going on for over two decades now and continues to do so. This trademark battle in addition to elaborating the hierarchy of Courts…


Infringement of a trademark also depends upon the similarity between the target customers

The criteria for determining trademark infringement primarily depends on two major factors; ie- identity or similarity between the registered trade mark and the infringing mark and the identity or similarity between the goods or services respectively covered by the two marks. In a recent judgement…


A new occurrence in the Delhi University Copyright Case

The much spoken about verdict pronounced by Justice Endlaw on the Delhi University Copy right case has yet again grabbed everyone's attention as the Publishers filed an appeal against the decision. The Delhi high court after a series of litigation had held that the making of course packs for the…


Trade dress – A powerful brand element

On account of rising competitiveness in the commercial industry, the importance accorded to trade dress of a product is tremendous. Trade dress relates to the visual or other appearance of a product which includes its packaging, combination of colours, textures, graphics, shape and other composite…


Initiative by IPAB to expedite administrative proceedings

The Intellectual Property Appellate Board ("IPAB") was constituted by the Indian Government on September 15, 2003 to hear and adjudicate appeals against the decisions of the Registrar under the Indian Trade Marks Act, 1999 and the Indian Geographical Indications of Goods (Registration and…


Supreme Court re-affirms - No royalty for lyricists and music composers

Undoubtedly, lyricists (the authors of literary works) and music composers of a song (musical work) are the true and first owners as far as copyright is concerned. However, the Hon’ble Supreme Court is of a different view and in International Confederation of Societies of Authors and Composers…