Insights
Practical perspectives on protecting, managing and enforcing intellectual property across India and the subcontinent.
Raja Pannir Selvam · 15 July 2014
Trademarks vs Geographical Indications: What's the Difference?
Puma is a trademark; Darjeeling Tea is a geographical indication. One belongs to a single owner, the other to every producer in a region. The key differences, why place-names cause confusion, and how cases like Tea Board v. ITC resolve the overlap.
10 July 2014
Blocking Orders and the Journalism That Undercuts Them
The Delhi High Court ordered ISPs to block sites illegally streaming the FIFA World Cup, trimming the list from 472 to 219 after a defendant objected. A prominent news site then published instructions for getting around the block.
Navarre Roy · 9 July 2014
Trademark Examination Reports and How to Reply to Them
The examiner's report is where most trademark applications live or die. What examiners look for on absolute and relative grounds — and why your reply must be comprehensive and consistent, lest it be used against you later.
Raja Pannir Selvam · 8 July 2014
Whose Mark Is It? When a Partner Registers the Firm's Trademark in His Own Name
A partner registered the firm's 'BAWA' cattle-feed mark in his own name. When the partnership dissolved, who owned it? A balance-sheet entry decided the case — and it went to the firm.
Nikita · 3 July 2014
Trademark Injunctions and Damages in India — Part Three: Damages
You've restrained the infringer — now make them pay. Part three of the series covers damages: nominal, compensatory and punitive, the Section 135(3) limits, and the rising Indian trend of exemplary awards from Time Inc. v. Lokesh Srivastava onward.
Navarre Roy · 2 July 2014
Performers' Rights Under Indian Copyright Law
Beyond the author's copyright, the actor, singer or performer has their own rights. Who counts as a performer, the economic and moral rights they hold, the 50-year term, and the fair-use exceptions — explained through the world's stage.
Raja Pannir Selvam · 1 July 2014
Tirunelveli or Iruttukadai Halwa: A GI or a Trademark?
The famous Iruttukadai Halwa is a registered trademark owned by one shop — yet other Tirunelveli makers want a geographical indication for the same sweet. A classic collision between two very different IP rights.
26 June 2014
Getting a Trademark Injunction in India: The Three-Part Test
A temporary injunction is the workhorse of trademark enforcement — but you must clear three hurdles together: a prima facie case, the balance of convenience, and irreparable injury. How courts weigh them.
25 June 2014
Copyright and Music: 5 Things Every Band Should Keep in Mind
Bands break up, members leave, someone else composes the hit — and suddenly ownership matters. Five legal essentials for bands: an agreement between members, a legal entity, a trademark for the name, copyright in the songs, and written licences to monetise.
Raja Pannir Selvam · 24 June 2014
Tea Board v. ITC: Can a GI for Tea Stop a Hotel Lounge?
The Tea Board sued over ITC's 'Darjeeling Lounge' at a Kolkata hotel. The Calcutta High Court held that a GI registered for goods confers no monopoly over a geographical name for services — and that certification marks carry different infringement rights from ordinary marks.
Nikita · 23 June 2014
Celebrity Trademarks in India: 'Amma', the Mother of All Marks
Can a celebrity register their name as a trademark just for brand value? Only, really, when it's used on goods or services. From Sachin Tendulkar's mark to the many 'Amma' food registrations — and Tamil Nadu's 'Amma' schemes — a look at celebrity marks and acquired distinctiveness.
Raja Pannir Selvam · 20 June 2014
Patent Revocation in India: You Can't Take Two Roads at Once
A patent can be revoked in two forums — a petition to the tribunal, or a counter-claim in an infringement suit. The Supreme Court (Aloys Wobben v. Yogesh Mehra) held you must pick one: pursuing both simultaneously is barred. What it means, and the questions it leaves open.