intellectual property

Britannia Industries v. ITC Ltd & Ors - Deceptively dissimilar?

The Delhi High Court on April 5, 2021 dismissed two applications filed by Britannia Industries against ITC Ltd for alleged trademark infringement and passing off by, Case 1: ITC's ‘Sunfeast Farmlite 5-SeedDigestive’ biscuits of Britannia’s ‘NutriChoice Digestive’ biscuits Case 2: ITC’s ‘Sunfeast…


Prosecution history estoppel in India - A suit of armour or a double-edged sword?

Introduction Trademarks have over time, distinguished themselves as the popular kids among the Intellectual Property rights. This is so because they are perhaps the most protected amongst the bundle of IP rights and well, inevitably the face of your business. A trademark builds your brand value by…


Branding Due Diligence - Make it or Break it

“Buyers make most decisions by relying on their two-second first impressions based on stored memories, images and feelings.” – Malcolm Gladwell, Blink: The Power of Thinking Without Thinking Most of us know intuitively that first impressions are important. We don’t like to think that we judge a…


Indian Copyright (Amendment) Rules, 2021

While the country and the entire world is continuing its fight against the COVID-19 pandemic, offices and governments across the entire globe have not stopped working and have always ensured the best for its countrymen. Not very long ago, the Indian Designs Office notified the Designs (Amendment)…


Renewal of Customs Recordal in India

In this current age, with counterfeit goods on the rise, measures such as recording one’s intellectual property with the customs authority in order to curb infringement is a necessity. More information regarding the procedure and requirements for recordal with the customs authority are available…


Trademarks – A sanctioned vent for cultural appropriation?

In the recent times we have seen bizarre trademark registrations from names like 'Blue Ivy Carter' to English phrases that are prima facie non-distinctive and could go out of style' (Taylor Swift, we’re looking at you). Imagine not being able to label your lungis, as 'lungi' because a juggernaut…


The Influence of the Influential

Celebrities influence us the deepest. Irrespective of our ‘literacy’, they help us ‘decide’ whether to buy a particular brand or not, through their appearances in advertisements. There is no denial in this. Their influence is profound especially in India. A celebrity endorsing a product or service,…


Draft Model Guidelines on implementation of IPR policy for Academic Institutions

The Cell for IPR Promotion and Management, under the Department for Promotion of Industry and Internal Trade (DIPP) floated a 23 page model guidelines booklet on the implementation of IPR policies in Academic Institutions, in early September, 2019. In a bout to foster creativity and innovation, the…


An Overview of Standard Essential Patents

If one must buy a mobile in today’s world, one always looks at specifications of the device, the software version, the latest features, etc. But did you know that there is an entire system that dictates the quality and features of technological devices, which everyone in the industry has to……


As Vistara Takes off –Legally

It is of common knowledge that planes fly by taking off, but sometimes they just have to take off in the other sense of the word! Rightfully! Recently, a case was filed by TATA SIA AIRLINES LIMITED (party to the VISTARA joint venture) against PILOT18 AVIATION BOOK STORE when they saw that the…