Editorial Staff

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 In cases where the mark that we have to associate it with has crossed its date of validity or has been withdrawn…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…


Moral Rights vs Copyright, Everything you need to know

The general notion, I’m sure is that copyright is a bundle of rights which is primarily an economic right (unless you are Gandhi, who resisted to enforce the copyright in his work for economic gain as economic rights) more than it being an indicator of the source of origin of the goods as in the…


University Patents – Can your project work be patented?

There’s a rather common meme that was doing the rounds on social media which stated that “India is a country where we first become an “Engineer” and then think of what we really want to become” The number of people who identified with the statement was staggering and it’s not too hard to imagine.…


Decoding the mystery of copyright ownership, source code and software in India

As a software developer, there are a lot of things that need to be taken into consideration at the time of negotiation with the person engaging you to develop the software. It is very crucial to read the agreements that you might sign. On the other hand, as a person engaging a third party to…


Good Earth sues India Circus for passing-off their designs

The Delhi High Court recently granted an injunction against India Circus on a suit filed by Good Earth for passing-off of their designs, particularly for motifs, logos, patterns of Serai, Periyar, Vrindavan, Lotus, Bali Mynah, Rose Princess and Falcon on products. The Court has discussed…


Introduction to protection of copyright in India

Protection for literary, artistic, dramatic, cinematographic works, and sound recordings are possible by registration with the Copyright Office in India by filing an application online or with the Copyright Office in Delhi. Although protection for any of the copyright protected works exist from the…


Introduction to protection of designs in India

Protection for the aesthetic appeal of a product can be obtained by registering a design with the Designs Office in India by filing an application online or with one of the IP Offices in Mumbai, Chennai, Kolkata or New Delhi. After filing, all subsequent proceedings are conducted by the Designs…