Sound Board

Our thoughts and views on the practice of Intellectual Property in India and around the world.

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 prima facie, the other two conditions can be best explained with reference to principles and tests laid down by the Courts. However, there is no straight jacket formula to ascertain whether they exist or…

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 versions or own compositions, life was simple, we performed what we felt like and performed it proudly in public (if given the chance) not concerned with protecting what was ours or defining rights.

The Tea Board of India holds the famous GI “Darjeeling” and the logo of a woman holding tea leaves, as well as the certification trade mark “Darjeeling” under the Trade Marks Act, in connection with “tea”. ITC, Limited used “Darjeeling Lounge” as the name for its executive lounge at its Kolkata hotel, the ITC Sonar. The Tea Board had previously filed a suit against ITC for using the word Darjeeling for their lounge. The suit mainly revolved on issues of infringement of the GI and the…

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 is likely be injured otherwise. Unless of course they are using their name for the purpose of sale of goods and providing any services. An example that strikes me is that of Sachin Tendulkar who has…

In a country like India where a patent is granted after fighting tooth and nail, “revocation” is arguably the most dreaded term for any patent-holder. A patent granted in India can sought to be revoked for more than one reason and statutorily in more than one forum.

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 injunction and then damages. This is apart from an account of profits (any likely profit that the defendant has made by using the infringing mark) and delivery of any goods (goods in the possession of…

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 Kenneth Bruce Gorelick.

A long journey from the hills of Darjeeling via Benaras, Lucknow, Madhya Pradesh, Tirupati and finally to Kanchipuram would be stressful indeed. But the goodies from all these places are what make us show off that we actually went there. Imagine having a hot cup of Darjeeling tea, or wearing Benarasi sari, or eating Tirupati laddu, or having a beautiful Tanjore painting on your wall. All these sure do sound nice. What if I told you that I grew the Darjeeling tea plant in my backyard, or painted…

Pepsico India Holdings Pvt Ltd has won yet another trademark battle, this time in respect of its mineral water brand “Aquafina.” The Delhi High Court, in a recent judgement, upholding the submissions of Pepsico, has restrained the defendant Aqua Mineral (India) from using the trademark “Aquafine” for infringement of Pepsico’s trademark rights in the mark "Aquafina." Pepsico has naturally banked upon the well-known status attained by the mark "Aquafina," not to mention its (alleged) long term…