Editorial Staff

Start-up tips – Identifying Intellectual Property – Simplified

Following up on my earlier post about the IP clause in an employment agreement, where I mentioned the contents of the clause ought to define the Intellectual Property, I figured that, that would be a good aspect to cover – Identifying IP. I’ve attended many IP seminars and conferences conducted…


SNACKS will always be ‘some light food’ – IPAB denies Britannia the trademark SNAX

Appelant- M/s. Britannia Industries Limited Respondent- PepsiCo Inc. and the Deputy Registrar of Trade Marks Forum- Intellectual Property Appellate Board (IPAB) Facts Britannia Industries Limited had filed an application for the trademark SNAX, which they had claimed to have been using from 1965.…


Company gets an injunction against former employees for using internal client database.

Plaintiff- Vogueserve International Pvt. Limited Defendants - Rajesh Gosain & Ors Court- High Court of Delhi Coram – Justice Mukta Gupta Brief facts: The Plaintiff, Vogueserve International Private Limited, is an Indian company which was engaged in the business of trading of home textiles, home…


Start-up tips: Employment Agreements – Intellectual Property Clause Simplified

I thoroughly enjoyed the work, the adrenaline and the energy and I do know that entrepreneurs (like most individuals) are a little hesitant to engage lawyers and entrust them with their ideas. So I’m writing this post and hopefully few more along these lines, which will deal with general…


Trademark filings in India to get a tad more expensive

There are only two changes that have been notified which will amend the existing trademark rules and both relate to the increase in fees. The first change will be that the costs for filing a trademark application will increase to INR 4000 per class from the existing fee of INR 3500. The second…


Unauthorised use of trade mark - How would you remedy it in India?

In Utopia, I believe competition among similar businesses would be healthy and fair. However, in the real world, the Darwinian principle of survival of the fittest applies. We find that some wonderful businesses, with unique and sometimes well-established brands, end up in shambles because their…


Sugar and spice and everything NICE

A trademark that has been registered is valid for the goods or services that it has been applied for. If I file a trademark WONKZOO for legal services, aside from the fact that I may be committing professional suicide I need to decide which class of goods I have to file the trademark in. A…


The Story Mark

Infopreneurship is the new buzz word and means creating original content information products then monetizing it in entrepreneurial ways. These infopreneurs, or entrepreneurs who sell information, leverage information in public domain extensively to reach mass audiences. Infopreneurship is one of a…


Delhi High Court holds that a Trademark cannot be removed for non renewal without giving notice to the proprietor

Appellant: Union of India – Registrar of Trademarks Respondent: Malhotra Book Depot Trademark: MBD Court: Delhi High Court Coram: Honourable Chief Justice Murugesan D. And Justice Rajiv Sahai Endlaw Facts: The respondent, Malhotra Book Depot was a partnership firm which registered the mark MBD on…


Vulgar Trademarks ; Suit up – It’s time for free love.

Going through over thousand trademarks published each week in the Indian Trade Marks Journal is a rather cumbersome task, but the marks that you come across in there sometimes are very interesting. Some unique, some brilliant and some down- right hilarious. For the uninitiated, once a Trademark is…