Editorial Staff
DU Copyright Case - Easy Access to education or yet another loop hole
The much-anticipated ruling in the appeal filed by the Publishers in The Chancellor, Masters & Scholars of University of Oxford v. Rameshwari Photocopy Services case was pronounced on December 9, 2016 by the Division Bench of the Delhi High Court. A detailed account on the facts and other…
Delhi High Court reverses arbitrator’s award on thoughtworks.in
The Delhi High Court recently passed an order reversing the holding of a INDRP complaint where the Arbitrator passed an award against Thoughtworks Incorporated, a US company in favour of Super Software Private Limited, an Indian company with regard to the ownership and use of the domain…
The Case of the Innocent Domain Squatter
We all have different reasons for getting into the study and practice of law. Regardless of whether you have parents/family members with a thriving practice who need an heir, to not getting into any other course or if you’re like me, and read too many Erle Stanley Gardners at some point in law…
11th Edition of NICE Classification to come into force in 2017
The World Intellectual Property Organization [WIPO] recently passed a notification in their Gazette dated October 24, 2016 notifying the public that the NICE Classification of goods and services was to be amended and that the eleventh [11th] edition was to come into force in the new year [from…
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…