Editorial Staff
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…
A breakthrough for Indian Copyright Law
The Delhi High Court on the 16th of September, 2016 pronounced a landmark verdict in the case of The Chancellor, Masters & Scholars of The University of Oxford & ors. Vs. Rameshwari Photocopy Services & Anr that is likely to bring about a far-flung impact on the copyright laws in India…
“Viewing pirated videos/films will not land you in jail” – Setting A wrong precedent?
The buzz about legality of watching pirated movies on blocked websites has been doing the rounds for a while. The Bombay High Court in Eros International Media Limited v. Bharat Sanchar Nigam Limited, pronounced that “mere viewing of blocked websites and its content (the pirated movie) is not an…
Indian Judiciary takes a stand on the concept of Trade Dress
Trade dress relates to the visual or other appearance of a product that may withal include its packaging, combination of colours, textures, graphics, shape which could be registered and protected from being exploited by competitors in connection to their business and service. The purpose of trade…
Online broadcasting now within the purview of the Copyright Act
Broadcasting rights and its statutory licensing under the Copyright Act is dealt under the provisions of Section 31D, inserted by virtue of the 2012 Amendment. Section 31D allows “Any broadcasting organization desirous of communicating to the public by way of a broadcast or by way of performance of…