The right of publicity is the right of a person to control the commercial use of their identity, or in other words, the right to prevent others from using their image, name, or other aspects of their identity for commercial purposes without their consent. Although the right of publicity is not codified in India, it has been recognized and also enforced by Indian courts in a number of cases. While copyright law provides the photographer ownership of the photograph (unless shot under a contract), the right of publicity gives
Trade Marks have long been a long-fought battle through and through the Indian justice system. In the year 2021, we have some significant cases that came to the forefront that have been discussed below.
– Decided by Delhi High Court on 1st September 2021
The plaintiff herein had been using the trademark “Rajdhani” for food products, condiments, confectionery, etc., having originally conceived and adopted it when they started their business. In due course of their business, they came across the defendants
In the case of Consolidated Foods Corporation v. Brandon and Co., Private Ltd. – AIR 1965 Bom 35, it was observed that “Priority in adoption and use of a trademark is superior to priority in registration”.
N.R. Dongre and Ors. Vs. Whirlpool Corporation and Anr. – 1996V I A D(SC)710
In the instant case, the Hon’ble Supreme Court of India confirmed with the observation of the Division Bench which states that “From the aforesaid facts including the extensive advertisements of the goods
What is an International IP Registration?
An International IP Registration allows applicants willing to seek protection for their IP in various countries by filing a single and uniform IP application form, and the IP can be registered in all member states to the treaty governing the international application system, through that single application.
The Madrid System
The Madrid System for International Registration of Marks (the Madrid System) is governed by the Madrid Agreement Concerning the International Registration of Marks (the Madrid
“A Geographical Indication (GI) is a sign identifying a good as originating in a specific geographical area and possessing a given quality, reputation or another characteristic that is essentially attributable to that geographical origin”. Accordingly, the main purpose of a GI is to establish an association between the quality, characteristics, or reputation of a good and its territory of origin. Although foodstuffs or agro products are usually where GIs tend to find most usage, it also extends to other items for
Technology-based start-ups essentially face several challenges that they must be prepared for, but intellectual property concerns are definitely at the top of that list. This is including but is not limited to, developing a product, hiring qualified employees, raising capital, and more. With all of these issues, intellectual property can feel distracting, expensive, or contrary to the goals of just getting a product to market before someone else does. The value of the intellectual property as an asset thus increases multi-fold.
The Indian Copyright Act, 1957 complies with most international treaties such as the Berne Convention for protection of Literary and Artistic Works 1886, The Universal Copyright Convention 1951, The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement of 1995. The International Copyright Order has been passed to protect the copyright/copyright lawyers in Delhi in member countries of the convention and agreement. Similarly, foreign artistic works are also given protection in India. Although the quality of the photograph is immaterial,
Trademarks play an important role whenever there arises a topic of conversation on the state of a business or brand and its success. This unique identification may be based on the colour scheme, logo, brand name, a certain way of representing the said name and logo, etc. That establishes the ground for the argument that trademark registration is the foundation to effective branding strategies. Registration and enforcement of trademarks however remain complicated processes that regularly encounter roadblocks whereby companies both big
Intellectual Property (IP) is an extremely significant asset to a nation. The value of a nation in the global economy is often determined by its strength in the field of IP. Thus, the IP laws of a developing country like India must keep pace with the changing times and promote prosperity and protection of rights by way of its laws. For IP rights holders, times like these are especially challenging, and a fortified IP scheme could infuse some energy for recuperation/best
INTRODUCTION:
If a global market is taken into account, the scope of use and protection of trademarks extends beyond the basic standards for trademark infringement; that means, the usual ‘likelihood of confusion’ parameter is not apt to judge the case. When we speak of well-known marks, both the perspectives – one, from that of the owner of a well-known mark and two, from that of a new entrant into the market – this becomes even more apparent. There exists no ‘global