Infringement
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,…
Bollywood and Copyright- “Infringement or Inspiration”
Bollywood for a long time now, has been taking inspiration from Hollywood movies, not only Hollywood but South Indian movies too but at times, they have gone too far with taking “Inspiration”, and actually started “Infringing” others rights; or was that always the case? Before 2010, the answer to…
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…
ISRA wins yet another case at the Delhi High Court
The Indian Singers’ Rights Association (ISRA) on 30th September won yet another case at the Delhi High Court against Night Fever Club & Lounge, Delhi. This is the second of its kind in recent times with the first being two months ago against Chapter 25 Bar and Restaurant, Delhi where performers…
Infringement of a trademark also depends upon the similarity between the target customers
The criteria for determining trademark infringement primarily depends on two major factors; ie- identity or similarity between the registered trade mark and the infringing mark and the identity or similarity between the goods or services respectively covered by the two marks. In a recent judgement…
“Viewing pirated videos/films will not land you in jail” – Setting A wrong precedent?
The buzz about legality of watching pirated movies on blocked websites has been doing the rounds for a while. The Bombay High Court in Eros International Media Limited v. Bharat Sanchar Nigam Limited, pronounced that “mere viewing of blocked websites and its content (the pirated movie) is not an…
Indian Judiciary takes a stand on the concept of Trade Dress
Trade dress relates to the visual or other appearance of a product that may withal include its packaging, combination of colours, textures, graphics, shape which could be registered and protected from being exploited by competitors in connection to their business and service. The purpose of trade…
What to do when an Injunction is not enough to stop the infringement
The Latin term ‘Ubi Jus Ibi Remedium’ means; where there is a right there is a remedy. In this context, there is a remedy when there is a breach of a courts order to stop a person from dishonoring the order of the court. One of the remedies available for an infringement of an Intellectual Property…