Editorial Staff

4 things to know while filing a national phase application in India under PCT

When it comes to prosecution of trademark, design or patent applications, there are a lot of things that are common to all countries. However, each country has its own peculiarities and most often, its mind blogging for attorneys who are simultaneously prosecuting applications in several countries.…


Filing a suit in Delhi could get 10 times more expensive

The Indian Parliament on August 6th 2015 passed the Delhi High Court (Amendment) Act, 2015 which was published on August 10, 2015. The Act is rather short and contains two changes – a) that the pecuniary jurisdiction of the Delhi High Court would be raised from 20 Lakhs (approx. USD 30,000) to 2…


Bata sho(e)s away Vitaflex – Delhi HC grants injunction against groundless threats

The phrase “I’ll sue you” is one that many people love to use, without actually giving too much thought to whether legal action can in fact be taken and if so, whether it’ll be maintainable in a Court of Law. Lawyers take it a step further (in an attempt to make their client’s happy) by telling the…


3D Printing and Intellectual Property

Rapid prototyping, or 3D printing as it is called today was a method to create prototypes in industries before actual products were manufactured. It was both cost-effective and also a good method of determining if there were any defects before actually manufacturing the actual product. Technology…


Class of purchasers and trademark infringement

The Gujarat High Court in a recent case has reaffirmed that trade channels, class of purchasers, the extent of reputation of the parties and all the other relevant factors play a crucial role in determining whether there has been an infringement or not. The decision was the result of taking into…


Copyright protection for jokes – Not a joke anymore?

Thou shal not steal is definitely the underlying point of all intellectual property rights, and Twitter reaffirmed this by deleting a tweet on a complaint made by Olga Lexell, a freelance writer from Los Angeles. Her premise was that she’s a freelance writer who makes her living writing jokes and…


Associated trademarks in India

I’m sure many of us, lawyers and trademark owners, would have come across examination reports that have required association between your mark and the applicant’s other marks (mostly). In cases where the mark that we have to associate it with has crossed its date of validity or has been withdrawn…


Of franchise agreements and trademark infringement suits

A recent order by the Delhi High Court reiterates the importance of a carefully thought out and drafted agreements. This particular matter was one concerning breach of a franchise agreement which entailed confidential information, trade secrets, get-up, layout, arrangement, trade-dress of the…


Decoding software programmes and Copyrights in India

The other day I was just walking on the road trying to get somewhere when someone just handed me this pamphlet which stated that the coaching centre was providing some kind of training to get a hang of this particular software at a certain fee. I passed it on to one of my friends who I thought…


Trademark Cocktails - The intellectual property blend

There have been several instances where I've looked at a menu card at a pub with a really cool cocktail name and wondered if they've trademarked it. Never did I once imagine that the ones that are common and used by all are in fact the ones that are registered trademarks. So would use of these…