Editorial Staff

Trademark Dispute : A Man of Average Intelligence and Imperfect Recollection

Name: Man of Average Intelligence and Imperfect Recollection AKA: An Unwary Purchaser of Average Intelligence; Ordinary Man; a Customer of Average Intelligence; Age: ~ 56 years [1958 possible year of birth] Origin: Possibly the United Kingdom – Aquamatic Case First Appearance in India: 1960 Known…


Aural and olfactory marks – I heard that it smells good

On a beautiful Sunday morning you are jogging down the street. After covering few kilometers, you decide to break for a breather. As you rest your legs, you hear the distant sound of a TV commercial from a house nearby. The sound isn’t clear and you are not able to figure out what the people might…


Yoga and IP: Stretched too far?

Yoga is one of the oldest physical and spiritual exercises known to mankind. It is collective knowledge and has been believed to be in existence from around 2500 B.C. Come to think of it, there should be no intellectual property battle over it – it is India’s traditional knowledge and no single…


Shopping with a Trademark Lawyer

“What the hell are you doing?” was what I heard from my wife which jolted me, shook my phone and got the photo blurred. When I looked up, I realised that there were quite a few people staring at me. Sure this is India and there are hundreds of people stopping and staring at things at any given…


Copyright for Everyone

At the risk of over-simplifying things and shooting myself in the foot, copyright is the stream of intellectual property law that protects individual’s creative work. Take for example when you are enjoying a meal at a restaurant; if you were to stop and think about it, copyright exists in the music…


Getting Back Your .IN Domain Name - The INDRP Way

Trademarks are to the real world, what domain names are to the virtual world; Trademarks are vital to every business because they help consumers associate the goods or services provided by them to that particular trademark thereby building reputation. Similarly, the Internet is the first port of…


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…