Trademarks
Perspectives on trademarks across India and the subcontinent.
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.
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.
20 January 2015
Can a Court Question a Trademark's Validity at the Interim Stage?
In an infringement suit, can a civil court weigh a defence that the plaintiff's registration is invalid, at the interim-injunction stage? The Bombay High Court (Lupin/Shakti Bhog) held it can — but only where the registration looks prima facie fraudulent or shocks the conscience.
Durga Bhatt · 20 December 2014
Micromax, Cyanogen and OnePlus: When an Exclusive Licence Bites
Cyanogen gave OnePlus a non-exclusive licence, then gave Micromax an exclusive one for India. OnePlus launched anyway — and got injuncted. A sharp lesson on exclusive vs non-exclusive licensing.
10 December 2014
Can You Trademark a Colour in India?
Louboutin red, Cadbury purple, John Deere green-and-yellow — a colour can be a trademark. How Indian law protects colour marks, when you can claim a single colour, and why acquired distinctiveness is essential.
Raja Pannir Selvam · 20 November 2014
™ or ®: When Can You Use Each Symbol on Your Trademark?
The ™ symbol signals a mark you intend to use as a trademark — no application needed. The ® means the mark is registered, and using it falsely is a criminal offence. The simple rule for each.