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Jun 28, 20192 min read
Trademark Protection for Buildings: A Growing Trend
Recently the Bombay Stock Exchange and well-known comedian, Kunal Kamra, engaged in a battle on Twitter in connection with Mr. Kamra’s...
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Jun 14, 20192 min read
Proposed Copyright Amendment Rules, 2019: Our Perspective
Recognizing that the rules governing the Copyright Act, 1957 (“Act”) need modernizing in this digital era, on May 30, 2019, the...
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May 29, 20192 min read
Delhi High Court’s New Requirement In Cases With Multiple Defendants
The order of naming defendants in intellectual property suits is usually determined as a matter of strategy before a suit is filed. Up...
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May 8, 20192 min read
Trade Mark Bullying
While it is of paramount importance for trade mark owners to enforce their trademark rights, ensuring that these owners do not cross-over...
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May 1, 20192 min read
Dynamic Injunction: A New Mechanism To Tackle Online Piracy
Recently the Delhi High Court, in UTV Software Communication Ltd. And Ors vs. 1337X.TO And Ors, (Order dt. 10.4.2019 CS(COMM) 724/2017),...
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Apr 9, 20193 min read
Similar Marks for Dissimilar Goods in the Same Class
Registration of deceptively similar marks for different goods in different classes is almost never an issue! However, what about...
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Mar 13, 20192 min read
Renewal of Trade Mark Registrations in India
Like many other countries, an Indian trademark registration remains valid and subsisting for a period of ten (10) years from the...
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Mar 1, 20192 min read
The Overlap Between Copyright and Right to Publicity Law in India
Last month it was widely reported that American fashion model, Gigi Hadid, was sued by a photo agency for sharing a copyrighted...
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Mar 1, 20194 min read
Interface between Copyright and Design Rights in India
The inherent nature of intellectual property is such that the overlap between the bundle of rights available to an owner in a single...
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Jan 30, 20193 min read
Seeking an Extension of Time to File Evidence in Opposition Proceedings – a Possibility?
The rules governing trade marks in India underwent a sea of change in March 2017 with the advent of the Trade Marks Rules, 2017 (“New...
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Jan 17, 20194 min read
Intermediary Liability – An E-Commerce Perspective
In 2013, India’s Supreme Court in Shreya Singhal v. Union of India, (2013) 12 SCC 73 caused many online marketplaces in the country to...
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Jan 2, 20192 min read
Finally ‘Two-in-One’ is ‘Good-to-Go’
It is now possible for trademark and design infringement to be alleged in a single lawsuit. A five-judge bench of the Delhi High Court...
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Dec 15, 20184 min read
Determination of Well-Known Trademarks: Dilemma Posed By Madras High Court’s Recent Judgment
For any brand owner, the accordance of well-known status to his brand is a “milestone.” The protection afforded to a well-known trade...
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Nov 26, 20182 min read
In Contrast to the US, India Gives Musicians Stronger IP Protection Against Use of Songs in Politica
The Trump campaign’s use of Rihanna’s ‘Don’t Stop the Music’ at a political rally was, ironically, met with cease and desist demands....
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Oct 29, 20183 min read
Custom Recordation of Intellectual Property in India
With the rapid growth in the counterfeiting industry, law has to step in to prevent it. Indian law has approaches to check the...
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Oct 15, 20185 min read
Konkan India’s Famous Alphonso Mangoes Get a Geographical Indication Tag
The Geographical Indications Registry, Chennai, on Wednesday, October 3rd, 2018, issued a Certificate of Registration for “Alphonso”, in...
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Sep 27, 20183 min read
Fluid Marks and Their Protection Under Indian Trademark Law
Typically, a trademark is conceived to be a static, two-dimensional term or a design, which is used to uniquely identify certain goods or...
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Sep 17, 20183 min read
The Delhi High Court is now Factoring in Neuroscience Research While Granting Injunctions in Tradema
On June 25, 2018, in a post titled “The Impact of Neuroscience on How Courts in India Typically Address Trademark Disputes”, Ryan Wilson,...
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Aug 14, 20183 min read
The Red Sole Conundrum!
This post discusses the Delhi High Court’s recent orders in matters involving the Christian Louboutin red shoe sole (shown below), and...
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Aug 13, 20183 min read
Enforceability of Certification Marks in India
This post is the second of the two-part series on certification marks in India. The previous post talked about the registration of...
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Jul 30, 20183 min read
Certification Trademarks in India
This post is the first of a two-part series on certification trademarks in India. A certification trademark is “a mark capable of...
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