24 March, 2014
The Delhi High Court has granted interim injunction in case of use of mark ‘BRAHMOS’ in relation to educational services. Relying on two precedents of the court, namely Bloomberg Finance LP v. Prafull Saklecha [2013 (56) PTC 243 (Del)] and Rolex Sa v. Alex Jewellery Pvt. Ltd. [2009(41) PTC 284 (Del)], it was held that if the registered trademark is a well-known trademark within...
18 December, 2013
WIPO released the 2013 edition of World Intellectual Property Indicators, earlier this month. It is based on data from national and regional offices, WIPO, World Bank and UNESCO. In general, it records that there is a shift in filing activity from high income to middle income countries. Another interesting observation is that Asian countries were an important source of inve...
2 December, 2013
Intellectual Property Appellate Board (India) has allowed rectification application of a confectionary major in respect of various trademarks of another major, concerning word ‘Eclairs’. In respect of three applications, the Board, noting that the respondents had filed only registration certificates obtained in various countries, held that just registration alone will not hel...
27th May, 2013
A Larger Bench of Delhi High Court has, on 15th May, 2013, held by majority that a holder of a registered design can institute an action for passing off and that he can institute a suit against a person who is also in possession of a registered design. The dissenting opinion records that the rights and remedies under Designs Act, 2000 (the Designs Act) are statutory in nature ...
By Kumudavalli Seetharaman
Trans-border reputation as the name suggest means reputation that has spilled over to other jurisdictions wherein there is neither use of the trade mark in question nor the trade mark registered. The general position in India is that trans-border reputation protects global reputation of the goods that have not even ente...
By Sribindhu Chivukala & Archana V
Section 2(j) of the Patents Act, 1970 (the Act) defines an invention as a new product or a process involving an inventive step and capable of industrial application. The legal protection to an invention is based on the claims of the granted patent. Typically, a p...
By Nupur Kumar
Advertisement is the act of making a representation in any form in connection with a trade, business, craft or profession in order to promote the supply of goods or services [see end note 1]. Advertising serves as a tool to promote vigorous competition and public enlightenment but when it oversteps the ethics of generally accepted competit...
By Aastha Aggarwal and Konpal Rae
The registration of designs in India is governed by the Designs Act, 2000, which was made effective from May 11, 2001, and the Design Rules, 2001. As per the Act, a design registration protects the features of shape, configuration, pattern, ornamentation or composition of lines or colors applied to articles. Since a design registration seeks to...
By Jasneet Kaur
A Division Bench of the Delhi High Court in a recent decision dated 10-12-2013 held that the television commercial which compares the product ‘Pepsodent Germicheck’ with ‘Colgate ST’ is not per se disparaging. However, the print advertisement published by the respondent (Hindustan Unilever Limited or ‘HUL’) involving the same comparison was held as prima facie disparag...
By Lakshmi Pavan
The penetration of digitalization in every sector of the economy is a challenge from taxation perspective. Given the global nature of operations, it is possible for multi-national enterprises (MNEs) fragment their production and supply chain across various low tax jurisdictions. They park and manage the Intellectual Property (‘IP’) in...
International Trademark Association (INTA) will be organising its 138th Annual Meeting from 21st to 25th May 2016, in Orlando, Florida.
This conference will have sessions to discuss certain topics like International Trademark Law and Practice and Anticounterfeiting Solutions for Brand Owners.
Some of other topics which will be deliberated upon include:
International Trademark Association (INTA) will be organising its 136th Annual Meeting from 10 to 14 May 2014, in Hong Kong.
On 11th May, 2014 sessions will be held on following topics:
Competition Law and Intellectual Property: The Abuse of Rights
Consumer Perception of the Enforcement of Non-Traditional Trademarks
Domain Name Litigation and Arbitration in a World of 1,000+ New gTLDs
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