Editorial Staff
Laws concerning Internet Memes: Not so funny?
A recent study conducted by ‘We Are Social’ found that despite these slow speeds, Internet users in India spend almost 5 hours on the net every day, with 40% of that time spent on social media. Going by these statistics, Indian users roughly spend about 2 hours on social media and which platform…
FIFA and Copyright: Online Piracy in India
There has been a lot of brouhaha over the recent judgment of the Delhi High Court, where the Court has ordered ISPs to block websites that were illegally broadcasting the FIFA World Cup in a suit filed by Multi Screen Media (MSM) Satellite claiming exclusive broadcasting rights. The initial…
Trademark Examination Reports and their Replies – Trademark Law in India
The trademark registration process, which we have covered in an earlier post is fairly straightforward. A trademark application is filed, examined by the Trademark office, either refused or allowed subject to a hearing, advertised and registered if it is not opposed. In this post, I’ve decided to…
Trademark Injunctions and Damages in India – Part Three
In my earlier posts (here and here), I discussed the position of law on injunctions, the requirements for grant of temporary injunction and relevant cases with respect to trademarks in India. So let’s assume that we managed to restrain the defendants from using our trademark, what next? We want the…
Copyright – Performers Rights in India
You’ve probably come across that Shakespearean quote several times in your life. Shakespeare is one of those people that everyone knows of because you just ought to (to seem knowledgeable during small talk at the very least). What you may not know in the context of Copyright is that none of his…
Trademark Injunctions and Damages in India – Part Two
In my last post, I dealt with the first condition i.e. ‘prima facie case’ to be established when praying for a grant of temporary injunction. It is only when all the three conditions are fulfilled that the Court will take into consideration the prayer of temporary injunction. As in the case of…
Copyright and Music – 5 Things Bands need to keep in mind
Tripping on tangled mass of wires, feeling my head reverberate with the sound of music, coffee, beer and smoke breaks was a part of my life for a few years. I used to sing for a band and for several music shows before I turned to the dark side and settled in on a career in Law. Whether it was cover…
Celebrity Rights in India: AMMA – The Mother of all Trademarks?
Cases and issues relating to personality and image rights in connection with trademark law have always intrigued me. For one, it raises the question of whether a person can register their name as a trademark solely on the ground that they are a celebrity having brand value and that their reputation…
Trademark Injunctions and Damages in India – Part One
Registering a trademark is only the first step. What is more challenging is to be wary all those conflicting marks out there in the market trying to make a place for themselves. At the outset, in a suit of trademark infringement or passing-off, the two probable reliefs that can be sought are an…
Copyright and Music – Licenses in India
If you’re in India and have ever been near an elevator, you’ve probably heard Kenny G playing the saxophone. Owners of malls, hospitals, independent retail outlets, housing quarters and practically every lift (elevator) seem to have a particular proclivity toward choosing the instrumental music of…