Editorial Staff

Financial restructuring schemes as a defence to trademark infringement - Delhi HC says NO

Defence to trademark infringement In the last few years, we have had the opportunity of witnessing very interesting intellectual property cases and more importantly, case involving interpretation of intellectual property rights in consonance with other laws. The Delhi High Court recently decided an…


MSD – Glenmark patent row – Court granted injunction against Glenmark

Close to two years after Merck filed a suit for injunction against Glenmark and after a quite a struggle, MSD has finally been granted an injunction and Glenmark has been restrained from making and marketing its versions of the drug. The Delhi High Court laid down a detailed analyses of the facts…


Cricket and Patents – These inventions will bowl you over!

Cricket and Patents Cricket has always been one of the most followed and loved sport in India. Statistics suggest that when India plays a big game, there are around 400 million watching the match on television. Indians love cricket, be it the IPL, T20, test match or the traditional 50 over match!…


Delhi High Court throws some "light" on comparative advertisement in India

The High Court of Delhi recently dealt with a case of comparative advertisement, yet again. The only thing that set this case apart from the recent comparative advertisement cases is the fact that the plaintiff was upset that the defendant did not mention certain advantages of their products. Now…


Intellectual property cross-overs in the real and fantasy worlds

Have you wanted to visit the Maclaren’s Pub or Central Perk and live your moment from How I Met Your Mother or Friends? Have you wanted to taste the Bertie Bott’s Every Bean Flavour from the Harry Potter Series or wished the Bat Mobile was real?! I’m sure we all have wanted to live or rather…


Of Intellectual Property and brand

When the Tata motors bought Jaguar back in 2008, why did they buy it? For the quality of their products? Their technology? May be. Similarly, when Geeley Motors of China acquired the Swedish brand Volvo and Krafty bought Cadbury, what did they buy it for? They were all bought because of the brand…


Bombay HC discusses trademark issues in modern times

Of the several cases of trademark infringement and passing off that are decided by the Courts, some cases are known for clarifying the position of law on an issue and some for addressing issues not previously discussed by the Courts. Not very often do we come across cases that simplify and…


Trans-border reputation of global trademarks in India

You have a brand but you don’t’ sell the products under that brand in India and neither do you hold a trademark registration for the mark in India. Meanwhile, someone in India adopts your brand name and starts manufacturing and selling products under that brand. If you have advertisements in…


Agreements on trade secrets and confidential information – Enforceable in India?

It is not the answer that enlightens, but the question. This is rather apt for the India IP scenario where many individuals and companies have been approaching the Courts with rather interesting questions (ones that we have always wanted answers to) and Courts have been very liberal, and cautious…


Do I really need an IP/ Contract lawyer when I have Google

I swear I can almost hear that thought passing through the cerebral cortex of many a client when it comes to discussing charges. Never mind that, as a part of a mid sized firm, I deal with flat fees instead of hourly and advise on strategic ways to reduce costs, when it comes to contract and…