Infringement
Protection of Hashtag Trademarks - #cautionwithtrademarks
It is an undisputed fact that the social media platforms have become indispensable marketing medium for brand owners. Especially after hashtag emerged as an online marketing tool, interest in registering hashtag trademarks has gone up. Recent research by Clarivate Analytics (formerly Thomson…
Statutory Licenses And Internet Broadcasting
In a recent judgement, the Bombay High Court had clarified an issue of copyright law that is likely to have an immediate impact on the rise in popularity of music streaming services. Justice Kathawalla, in his order in Tips Industries Ltd. vs. Wynk Music Ltd. & Anr., had categorically rejected…
Groundless/Baseless legal threat of infringement of trademarks in India
The Indian Trademark Law grant exclusive rights to the trademark owner. The exclusivity here indicates that the trademark owner has the liberty to utilize his/her trademarks without any external interferences. The Indian Trademark Laws grants bundle of rights to the trademark holders and the rights…
Infringement of trademarks and its remedies in India
A trademark/service mark, is a word, name, symbol or device that is used in trade in respect of goods/services to indicate the source of the goods/services and to differentiate them from the goods/services of others. With the development of knowledge and information technology era, intellectual…
How Toyota turned the table for Trans-Border Reputation in India
In the recent verdict of the disputed Toyota Jidosha Kabushiki v M/S Prius Auto Industries Ltd, the Supreme Court’s stance on affirming the Delhi High Court’s decision to grant the mark PRIUS to Prius Auto Industries has been heralded as the new will lit (albeit narrower) path of the Trans-Border…
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.…
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…
Pitfalls to Avoid in Indemnification Clauses in Tech Licensing agreements
Before signing a technology licensing agreement, carefully review all its provisions, including the indemnification clauses. Regrettably, this very important part of a licensing agreement is often treated as a boilerplate provision. Don't make the mistake of waiting till the last minute to review…
Spring Board Doctrine: Protection of Trade Secrets
Trade Secrets A Trade Secret is information used in trade or business that is kept confidential to maintain an advantage over competitors generally known or easily accessible to persons involved in particular trade or business. It could be know-how, formula, recipes, manufacturing methods,…