Editorial Staff
Why should you register your Trademark?
Trademarks are at the sine qua non of any business; right from your name or the logos representing your brand, to the names of specific products or services - any particular term or slogan that is unique to your business are the keys to building your brand identity and carving a unique niche for…
Curse of phantom trademarks
Phantom trademarks – What are they? An anomaly to our Indian trademark law is the concept of Phantom marks. Phantom trademarks are marks containing elements such as words, designations or phrases that are unfixed. It might incorporate a date, geographic location or model number that is changeable.…
“LABELS” excluded from the definition of Design
Recently the Delhi High Court while awarding the judgment in Midas Hygiene Industries Pvt. Ltd. vs. Sudhir Bhatia (Regular First Appeal No: 239, 240 and 241 of 2011) held that the LABELS on packages of goods are excluded from the definition of “DESIGN” under the Designs Act, 2000. The Delhi High…
Amul the well known taste of India
There are a few indigenous brands that have grown with India, brands that have been so woven into the fabric of India by the hands of time. Most undoubtedly the name that is recognised in every nook and cranny of India is Amul, and the ‘Amul butter girl’ is undoubtedly the most recognised device…
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…