Case Study
Ownership of family trademarks
Family trademarks are marks which are used by a person for his family business, where the trademark ownership lies with each member of the family. Such trademarks provide parallel rights for use of the mark, thus, protecting each heir under the doctrine of shared goodwill and common family legacy.…
There is more to your liquor than you know
As you may have noticed, liquor bottles are often so exquisitely designed that you would want to buy it just out of admiration for its design. The creative packaging of liquor is often underrated and many do not realize the intricacies involved in the process. In a rather interesting case,…
The case of Toyota Prius & trans-border reputation
It was a sigh of relief for the Delhi based automotive accessories Company (Prius Industries) when the infringement case wasn’t decided against them as Toyota failed to prove trans-border reputation. Prius Auto Industries, set – up in Delhi in the year 2001 and engaged into manufacturing automotive…
Ramification for the 11th hour complainants
It has been a trend in the cine industry to file for copyright infringement against a movie when the said movie is due for release. In a recent judgment of Dashrath B. Rathod And Ors v. Fox Star Studios India Private Ltd. rendered by the Hon’ble Bombay High Court on March 21, 2017, people witnessed…
The ‘Nation wants to know’ Conundrum
Arnab Goswami, the famed Editor in Chief of Times Now recently quit to start his own venture, Republic TV, under the umbrella of ARG Outlier Media Pvt Ltd. His excessively loud, yet entertaining show, The Newshour, was frequented with the catch phrase he had popularised; ‘The Nation wants to……
The Mind-Boggling Rubik’s Cube
I’m sure most of us would have certainly asked our parents for the Magic Cube to play with, as a child. Whether we solve the puzzle or not, as kids, we would have been enchanted by the colorful cube and twisted it (and probably broken it to pieces) in all possible ways to get it right. The Rubik’s…
“TATA” A Well-Known Trademark
In a recent judgment, the Delhi High Court pronounced that the mark TATA has acquired the status of a "well-known" mark on account of its usage for a long period of time. The concept of well-known trademarks and infringement of well-known marks have been dealt with on numerous occasions by the…
A Dig into Cakes – the IP Perspective
Cakes. What instantly comes to our minds is the creamy, delicious taste on our palettes. But yet here I am, connecting it with the most unlikely subject, Intellectual Property Rights. I’m sure ‘cakes’ always make us think of ‘chocolate,’ ‘red velvet’ (I do know a bit about them) etc and hardly…
The Case of the Innocent Domain Squatter
We all have different reasons for getting into the study and practice of law. Regardless of whether you have parents/family members with a thriving practice who need an heir, to not getting into any other course or if you’re like me, and read too many Erle Stanley Gardners at some point in law…
Punitive Damages denied for Trademark Infringement
In our earlier posts, we have covered the importance of damages in trademark infringement suits and the types of damages as well. The Courts in India have taken a liberal stand while granting nominal and compensatory damages. However, when it comes to punitive damages, the Courts have been…