Trademarks
Trademarks- A sanctioned vent of cultural appropriation-II
Trademark law and combatting Cultural appropriation After a wave of backlash faced by Kim Kardashian and Disney for cultural appropriation, the debate over Trademark law and cultural appropriation awakened. The IP community and the activists stand divided on the issue. While trademark is meant for…
Trademarks – A sanctioned vent for cultural appropriation?
In the recent times we have seen bizarre trademark registrations from names like 'Blue Ivy Carter' to English phrases that are prima facie non-distinctive and could go out of style' (Taylor Swift, we’re looking at you). Imagine not being able to label your lungis, as 'lungi' because a juggernaut…
Draft Model Guidelines on implementation of IPR policy for Academic Institutions
The Cell for IPR Promotion and Management, under the Department for Promotion of Industry and Internal Trade (DIPP) floated a 23 page model guidelines booklet on the implementation of IPR policies in Academic Institutions, in early September, 2019. In a bout to foster creativity and innovation, the…
The Trademark Office to the rescue; to rectify errors and issue fresh Trademark Registration Certificates.
Trademark holders can finally stop fretting over errors in their trademark registration certificates with the much-welcomed notice by the Indian Trademarks Office dated September 6, 2019. After multiple requests from the Trademark Owners and trademark Counsels troubled with wrong details on the…
An Overview of Standard Essential Patents
If one must buy a mobile in today’s world, one always looks at specifications of the device, the software version, the latest features, etc. But did you know that there is an entire system that dictates the quality and features of technological devices, which everyone in the industry has to……
As Vistara Takes off –Legally
It is of common knowledge that planes fly by taking off, but sometimes they just have to take off in the other sense of the word! Rightfully! Recently, a case was filed by TATA SIA AIRLINES LIMITED (party to the VISTARA joint venture) against PILOT18 AVIATION BOOK STORE when they saw that the…
Infringement & the Essential Feature of a Trademark
The importance of a Trademark and the benefits it confers on a business entity cannot in any manner be overlooked. Through a logo or a symbol, a Trade Mark is inherently capable of conveying a company’s reputation or goodwill on a cursory glance made by an average purchaser. Such being the case,…
Trademark Pulse pulses the Deceptively similar Pulser
In this case, the Plaintiff had instituted a suit against the Defendant and his proprietorship for infringement of trademark, copyright, trade dress, layout, colour combination, get up of the Plaintiff’s trademark PULSE candies adopting the trademark PULSER along with a deceptively similar trade…
No Moral Rights over Destruction of a Work: Delhi High Court
In the world of construction, an architect holds a remarkable position. Generally, an architect is often subjected to resentment, and faces multiple disputes when he or she tries to balance between the builders and the owners of the building. An architect quite often turns to be the ultimate…
The Curious Case of ‘Legal Fakes’
A legal fake although a contradictory term, is used to describe the practice of securing a legal right over a trademark which is obtained as a result of registering such trademark in a certain country before the original owner of that trademark is able to do so. Supreme Italia One of the most…