Insights
Practical perspectives on protecting, managing and enforcing intellectual property across India and the subcontinent.
Nikita · 25 February 2015
Are Trade Secret and Confidentiality Agreements Enforceable in India?
India has no trade secrets statute, so enforcement runs through contract and equity. Courts will enforce a confidentiality clause that says what it protects — but not over information already in the public domain, as a travel-agency dispute in the Delhi High Court showed.
Archana Priyadharshini · 25 February 2015
Taglines as Trademarks in India: Catchy, but Hard to Register
A tagline can be a trademark — the definition is wide enough — but most fail because they're built from everyday words. Why distinctiveness is the catch, and what Anchor v. P&G ('allround protection') settled.
Durga Bhatt · 19 February 2015
Removing a Trademark for Non-Use: Rectification Under Section 47
A registered mark that has sat unused for five years and three months can be struck off the register. How rectification for non-use works under Section 47, who can file, and what counts as 'use'.
Nikita · 18 February 2015
Rajinikanth's Personality Rights: Even His Style Is His. Mind It!
The Madras High Court injuncted a film from using Rajinikanth's name, image, caricature — and even his signature style of delivering dialogues. A landmark that stretched personality rights beyond name and likeness to a star's distinctive manner.
Nikita · 12 February 2015
Can Food Recipes Be Protected Under Intellectual Property?
You can't easily own a recipe — but you can protect it. How copyright, trade secrets and even patents apply to food, why Section 3(e) blocks 'mere admixtures', and the surprising Indian patents granted for food processes.
Durga Bhatt · 5 February 2015
Fluid Trademarks: When Your Logo Keeps Changing
Google Doodles are the best-known example of a fluid trademark — variations coexisting with the registered mark. They build engagement, and they carry three risks: non-use of the underlying mark, consumer doubt about authenticity, and variants you cannot enforce.
Raja Pannir Selvam · 4 February 2015
'Use' of a Trademark in India: Literal, or More Than That?
Does 'use' of a trademark mean the mark physically on goods sold in India? Indian courts say no — advertising, price lists, websites and even trans-border reputation can all count. The key authorities.
Nikita · 3 February 2015
How to Protect Intellectual Property in Mobile Applications
There's an app for everything — which means yours can be cloned. How different parts of a mobile app are protected by different IP rights: the name and logo by trademark, source code and UI by copyright, and novel functionality by patents where allowed.
Durga Bhatt · 28 January 2015
WWE v. Wrestle Zone: Injunction and Damages Against Counterfeit Merchandisers
Two websites and a shop called 'Wrestle Zone' sold replica WWE merchandise while posing as official retailers. The Delhi High Court granted a permanent injunction and ₹5 lakh in damages — with a pointed observation about defendants who choose not to show up.
Raja Pannir Selvam · 28 January 2015
Attending an INTA Annual Meeting: A Practitioner's Playbook
The INTA Annual Meeting is a must for trademark attorneys — and, with thousands of delegates, easy to do badly. Hard-won tips on registration, accommodation, flights and visas, plus the dos and don'ts of networking, from someone who's attended for years.
28 January 2015
Sony's Trademark Suit Dismissed After 20 Years — on Technical Defects
Even a famous brand can lose on paperwork. The Calcutta High Court dismissed Sony's infringement suit — 20 years on — because the plaint was improperly verified and the powers of attorney weren't validly notarised. A wake-up call on documentary compliance.
20 January 2015
Trademark Assignment Gone Wrong: Draft the Deed Precisely
After buying a business's IP, the acquirer found the seller still using a confusingly similar mark. The court restrained it — a lesson in specifying, precisely, exactly what an assignment transfers and what use survives.