intellectual property
Defending Your Brand: How to Use Social Media and E-Commerce Takedown Requests for Effective Trademark Protection
As brands have begun to increasingly rely on digital platforms to reach and engage with their target audience, the risk of unauthorized use of trademarks and the sale of counterfeit products has also grown. Unauthorized pages and posts on social media can dilute a brand’s goodwill and reputation…
‘Customer of Average Intelligence Test’ in the Digital Age: An Analysis of Mountain Valley Spring India Pvt Ltd v. Baby Forest Ayurveda Pvt Ltd
A recent judgment in the case of Mountain Valley Spring India Pvt Ltd v. Baby Forest Ayurveda Pvt Ltd has reaffirmed several critical legal standards in trademark infringement and redefined the “customer of average intelligence and imperfect recollection” test considering the evolution of customer…
As Good As New! - Refurbished Goods: Guidelines and Implications
The Delhi High Court recently issued a significant judgment regarding the sale and rebranding of refurbished goods, particularly addressing disputes between Seagate Technology LLC and WD Technologies (“original manufacturers / plaintiffs”) against several Indian entities involved in the rebranding…
Email Service by the Trademark Registry: Effective or a Loophole for missed deadlines?
In an earlier blog, we discussed the significance of the Madras High Court’s decision in the case of Ramya S. Moorthy vs. The Registrar of Trade Marks, wherein the Applicant failed to receive the email service of the opposition notice from the Trademark Registry and, as a result, did not file the…
Publication of the Cinematograph (Certification) Rules,2024
The Ministry of Information and Broadcasting vide notification dated March 15, 2024 has introduced the Cinematograph (Certification) Rules, 2024, (hereinafter “new Rules”) in order to amend the Cinematograph (Certification) Rules, 1983 (hereinafter “old Rules”). The new Rules aim to provide clarity…
Decoding the Ambiguity: Sun Pharma vs. Dabur India and the Uncertainty of Extensions of Time at the Opposition Evidence Stage under Trade Mark Rules, 2017
The evolving landscape of the rules governing extensions of time at the evidence stage of opposition proceedings, particularly examining the transition from the Trade Marks Rules of 2002 (hereinafter “2002 Rules”) to the Trade Mark Rules 2017 (hereinafter “2017 Rules”) is a topic which has sparked…
Personality Rights – Is it enough to protect us from AI?
It is not really surprising that with the rapid development of technology, its adverse effects are also increasing every day. But is this having more implications on the popular personalities of our society, or has it just been appearing so lately? Let’s have a look. Recently, many popular actors…
The Establishment of the IP Division in Madras High Court: A Significant Step towards Efficient Resolution of IP Disputes
Practitioners have long wished for a separate IP division in High Courts. With the abolishment of the Intellectual Property Appellate Board in 2021, cases previously filed with or pending before the IPAB have been transferred to the High Courts. It then became imperative to establish a separate IP…
Who can file the request for examination of a patent application in India?
In the Indian Patent system, an application for the grant of a patent is taken up for examination by the Indian Patent Office only when a request for examination of the application is filed. Unless a request for examination is filed by either the Applicant or any other interested party there shall…
Pre-Litigation Mediation in Commercial Disputes in India
Alternate methods of dispute resolution are amicable methods of resolving disputes without the intervention of courts. It decreases the burden of the courts and encourages settlement proceedings among the parties. Generally, Alternate Dispute Resolution (ADR) uses one or more neutral third parties…