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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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Jul 12, 20182 min read
What to Expect from the Indian Supreme Court’s Much-Anticipated Ruling on Parallel Imports?
In 2012, the Delhi High Court recognized that actions against parallel importers were maintainable, albeit in a limited sense i.e. the...
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Jun 25, 20186 min read
The Impact of Neuroscience on How Courts in India Typically Address Trademark Disputes
While Indian trademark law looks at likelihood of confusion from the point of view of a consumer of average intelligence and imperfect...
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Jun 15, 20182 min read
Registrability of letter marks in India
This post discusses the registrability of letter marks in India, and provides helpful tips to overcome common objections against their...
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May 30, 20182 min read
GDPR and its Impact on India
The implementation of the European Union’s General Data Protection Regime (“GDPR”) is touted to bring sweeping changes in the data...
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May 15, 20183 min read
COSPLAY IN INDIA – AN INFRINGEMENT OF COPYRIGHT OR NOT?
With the advent of superhero movies and comic book characters coming to life in cinema, cosplay has become a popular way for fans to...
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May 14, 20185 min read
A DIGITAL SYSTEM
For long, India suffered from an Intellectual Property office mired in inefficiency and inordinate delays in prosecution of trademarks...
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Apr 18, 20182 min read
In TM Infringement Suits – Complainants with Complex Corporate Structures can sue as “One Econ
Many multi-national companies have a complex corporate structure that often involves local Indian subsidiaries and a foreign parent, with...
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Nov 28, 20175 min read
Recent trends in Territorial Jurisdiction in the Delhi High Court
Over the years, the Delhi High Court has come to be recognized as the most preferred court in India for filing trade mark suits,...
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Nov 21, 20173 min read
Trademark and amp; Copyright Suits Against Non-Competitors
An infringing competitor is a bane. However, in a suit for injunction, an infringing non-competitor could be the greater annoyance. The...
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Sep 29, 20173 min read
Evading Trademark Infringement – The Fair Use Route
A registered trademark is the exclusive property of its owner, and its use by a third-party without the permission of the owner is an...
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Sep 25, 20174 min read
2D Designs – Their Viability in India
Designs Under the law of designs in India, only the features of shape, configuration, pattern, ornament or composition of lines or...
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Apr 13, 20173 min read
Justice Patel restrains the release of Mahesh Manjrekar’s Marathi film ‘Rubik’s Cube’ – declares it
In a not-so-puzzling case of an unauthorized use of a trade mark as a film title, Justice G. S. Patel of the Bombay High Court restrained...
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Mar 7, 20173 min read
TRADE MARK RULES
On March 6, 2017, the Government of India (“GOI”) announced new rules governing trade mark practice. These rules are effective with...
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Dec 20, 20162 min read
Clinching the Delhi High Court’s Territorial Jurisdiction in Copyright and Trademark Suits
This post examines trends emerging from the Delhi High Courts’ decisions of 2016 on the subject of territorial jurisdictions in trade...
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Dec 6, 20163 min read
Obtaining a Trade Mark Registration in India—Differences Compared to the United States of America
This post outlines the major differences between procedures involved in obtaining a trade mark registration in the United States of...
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Nov 25, 20162 min read
Artistic works under Copyright Law in India
Copyright is a legal right that protects the interests of creators of original works. One such category of works is “artistic works”. The...
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Nov 10, 20163 min read
Trademark Cancellation Action as a Defense Mechanism to an Infringement Suit
It is not uncommon to see Defendants in trademark infringement law suits challenge the validity of the trademark registration(s) relied...
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Oct 18, 20162 min read
The Delhi High Court rules on Rubik’s Trade Dress
On September 6, 2016, the Delhi High Court granted Seven Towns Limited., the owner of the world-famous RUBIK’s Cube, an interim...
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