Adobe wins permanent injunction and significant damages against cyber squatter
December 15, 2022Intellectual Property Rights,Trademarks,Domain Names,IndiaInfringement,Delhi High Court,Cyber Squatting,Domain Names,Damages
The Delhi High Court’s ruling in the case of Adobe Inc. v. Namase Patel and Ors. serves as a reminder of the importance of protecting trademarks and intellectual property rights on the internet. In this case, the court granted a permanent injunction in favour of the Plaintiff. The Court recognised Namase Patel as a habitual cyber squatter and awarded a sum of INR 2,00,01,000/- (approx. US$ 242,000) in damages against the defendant to act as a deterrent against such actions in the future.
Subsequent trade mark owner can claim ‘date of first use’ of its predecessor
December 15, 2022Intellectual Property Rights,Trademarks,IndiaInfringement,trademark use,Use by Predecessor
The Bombay High Court ruled in favour of the plaintiff, Pidilite Industries Ltd., who had filed a trademark infringement suit against the defendant for using the mark R-SEAL, which was allegedly similar to the plaintiff's registered mark M-SEAL. The Court found that the defendant had obtained the trademark by fraudulently concealing the existence of the plaintiff's prior registered marks from the Registrar of Trade Marks.
Practice what you preach, especially if you’re an IP Lawyer
November 18, 2022Intellectual Property Rights,Trademarks,IndiaInfringement,Delhi HC
In an interesting turn of events, the Delhi High Court ruled in favour of Sujata Chaudhri of Sujata Chaudhri IP Attorneys in a trademark infringement, copyright infringement, and passing off suit restricting another intellectual property lawyer Swarupa Ghosh from using a deceptively similar logo.
Who can file the request for examination of a patent application in India?
November 18, 2022Intellectual Property Rights,PatentsIndia,intellectual property,patents
In the Indian Patent system, an application for the grant of patent is taken up for examination by the Indian Patent Office only when request for examination of the application is filed. Unless a request for examination is filed by either the Applicant or any other interested party there shall be no examination of a patent application. The time period for filing a request for examination shall be 48 months from the date of priority of the application or from the date of filing of the…
Pre-Litigation mediation in Intellectual Property matters in India
November 15, 2022Intellectual Property Rights,Trademarks,Patents,Industrial Designs,Copyrights,IndiaCommercial Disputes,Mediation
The Court held that in an intellectual property case, where the matter affects not only the disputants but also the consumers and the plaintiff has already exhausted all possible recourses to amicably resolve the matter, then the plaintiff’s application seeking exemption from instituting pre-litigation mediation proceedings in accordance with section 12-A of the Act can be allowed. Thus, it can be said that in intellectual property cases, such reliefs are granted by Courts not merely for the…
Delhi High Court decides on the appropriate jurisdiction (HC) for appeals against the orders of the Patent Office
November 12, 2022Intellectual Property Rights,PatentsDelhi High Court,patents,Jurisdiction
The Delhi High Court in the matters of Dr. Reddys Laboratories Limited & Anr. Vs. The Controller of Patents & Ors. C.O. (CONN.IPD-PAT) No. 3/2021 with Thyssenkrupp Rothe Erde Germany GMBH Vs. The Controller of Patents & Anr. C.O. (CONN.IPD-PAT) 1/2022 and Elta Systems Ltd. Vs. The Controller of Patents C.A.(COMM.IPD-PAT) 169/2022 decided upon the question, of whether upon the abolishment of the Intellectual Property Appellate Board (“IPAB”), all High Courts can entertain revocation petitions…
Pre-Litigation Mediation in Commercial Disputes in India
November 9, 2022Intellectual Property Rights,Trademarks,Patents,Industrial Designs,Copyrights,Indiaintellectual property,Commercial Disputes,Mediation
Alternate methods of dispute resolution are amicable methods of resolving disputes without the intervention of courts. It decreases the burden of the courts and encourages settlement proceedings among the parties. Generally, Alternate Dispute Resolution (ADR) uses one or more neutral third parties who help the parties to communicate, discuss the differences and resolve the dispute. ADRs are a set of methods that enable individuals and group to maintain cooperation, and social order and provides…
Trademark renewal in Pakistan
April 27, 2022Intellectual Property Rights,Trademarks,Pakistantrademarks,intellectual property,pakista
A trademark in Pakistan can be renewed for a period of 10 years. A request to renew a trademark in Pakistan should be made at any time during 6 months before the expiry of the trademark.
Maintaining a Trademark in Sri Lanka
April 18, 2022Intellectual Property Rights,Trademarks,Sri LankaRenewal,trademarks,intellectual property,srilanka
A trademark once registered in Sri Lanka, is valid for a period of 10 years from the date of filing of the application or from the date of last renewal, as the case maybe.
Moment Marketing and its legal implications
April 5, 2022Intellectual Property Rights,Trademarks,Indiatrademarks,intellectual property,Advertising
The power of the internet, in particular that of social media is humungous. People are constantly tied to their phones, eyeing for any latest news that may spring up, be it in the form of a tweet, a meme or a viral video. So, when used strategically, social media rather becomes one of the most powerful tools of digital marketing. With the evolution of social media, the concept of moment marketing has also become increasingly common. But what exactly is moment marketing? It is marketing in…