Insights
Practical perspectives on protecting, managing and enforcing intellectual property across India and the subcontinent.
Durga Bhatt · 28 August 2014
Trademark Disclaimers: What They Are and What They Cost You
To register a composite mark with a generic word in it, you may have to 'disclaim' that word — giving up exclusive rights over it. What a disclaimer does, why it exists, and how it affects enforcement.
Durga Bhatt · 18 August 2014
Exhaustion of Trademark Rights in India: Parallel Imports and the 'One Market' Question
Once a branded product is sold, can the trademark owner control its resale? India follows 'international exhaustion' — the whole world is one market — so genuine parallel imports are allowed. The Samsung case, explained.
Nikita · 18 August 2014
Trademark for Export: Does Branding in India Count as 'Use'?
If you brand goods in India but sell them only abroad, does that count as 'use' of the mark in India? Section 56 says yes — with real consequences for registration and enforcement.
Raja Pannir Selvam · 7 August 2014
Six Things That May Be Stalling Your Trademark Application
The Registry rarely tells you it is waiting on something. A failed formalities check, an unscanned logo, an unpaid excess-character fee, or an examination report you never received will each sit quietly on the file for months.
1 August 2014
OMG, WTF Is a Registered Trademark? Slang on the Register
WTF for education, OMG for online marketing, SELFIE for construction repair — internet slang keeps landing on the trademark register. A light look at why people file slang marks, why most are pointless, and what actually decides whether they register.
Raja Pannir Selvam · 1 August 2014
Meta Tags as Trademark Use: Shaadi.com v. ShaadiHiShaadi.com
A rival matrimonial site copied Shaadi.com's services, near-identical tagline, and — invisibly — embedded its trademark in the page's meta tags to capture search traffic. The Bombay High Court treated the hidden use as actionable and ordered the domain cancelled.
Nikita · 31 July 2014
Images on the Internet: Who Owns the Copyright?
Every image online carries copyright unless surrendered or expired. How to check whether an image is free to use (Google usage rights), how to protect your own with © and watermarks, and why 'personal use' or 'it was public' is not a free pass under Section 52.
Raja Pannir Selvam · 29 July 2014
Why You Can't Just Amend a Trademark Application's Use Date
The Trademark Office bars 'substantial' amendments to a pending application — you cannot change the proprietor, the goods (except deletions), or the crucial statement of use. Why the restriction exists, and the workaround.
24 July 2014
Copyright Licences: Authorised Agents vs Copyright Societies
Only copyright societies can carry on the business of granting licences — but an owner's authorised agent can still issue them, provided they do so in the owner's name. The Leopold Café v. Novex distinction.
Raja Pannir Selvam · 23 July 2014
Making the Right Trademark 'Choice': Officer's Choice v. Collector's Choice
A new entrant's 'Collector's Choice' whisky couldn't stand against the market-leading 'Officer's Choice' — the court injuncted it. Why a shared word plus a new player's lack of goodwill tipped the balance, and why precedents don't decide every case.
Navarre Roy · 21 July 2014
Three Things Your Marketing Team Should Know About Trademarks
Marketing wants a name that says what the product is. The law refuses to register exactly that. Why descriptive marks fail, why disclaimers put you back where you started, and why even a granted registration may not stop a competitor.
17 July 2014
The Law of Internet Memes: Copyright, Trademarks and Real People
Someone took the photograph a meme is built on, and copyright in it doesn't disappear because the image went viral. Grumpy Cat held registered trademarks. And the people in these images are real, with claims that have nothing to do with IP.