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unconventional-trademarks

Trademark Law Series – Unconventional Trademarks in India

SHAPE TRADEMARK Indian courts have also been more or less consistent in their judgments with regard to shape as a trademark. In the case of Lilly ICOS LLC and Anr. v. Maiden Pharmaceuticals Ltd. wherein it had been alleged that the almond shape of the plaintiff’s product had been copied by the defendant, the Delhi High Court passed judgment in favor of the plaintiff and thereafter issued an injunction against the defendants in this regard as it was of the opinion

UNCONVENTIONAL TRADEMARKS IN INDIA

A. SOUND MARKS When India granted registration for sound trademarks, India simply borrowed the Shield Mark doctrine which was given in the case of Shield Mark BV v Joost Kist, by the ECJ. The ECJ regarded the description of sound by its written description and held that since the written description of a sound lacked clarity and precision, it cannot be considered a graphical representation. But the Court also opined that if the sound was distinctive and people were able to recognize it,
patent-registration-in-delhi

SUN PHARMACEUTICAL INDUSTRIES LIMITED v. CIPLA LIMITED

In this case, Plaintiff filed a suit for a permanent injunction before the Madras High Court against Defendant for infringement of its copyright and trademark. The Court herein granted an interim injunction in favor of Plaintiff.  Following that, the Applicant/Defendant filed three petitions, each with a request to rescind the temporary relief granted on the basis of urgency. The appeal was predicated on the fact that the medications were in large quantities, had a one-year expiration date, and were in high
TRADEMARKS AND THE INDIAN JUDICIARY

TRADEMARKS AND THE INDIAN JUDICIARY

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
INFRINGEMENT-BY-REGISTERED-PROPRIETOR-OF-A-TRADEMARK

Relevant Sections of the Trade Marks Act

In the infamous case of The Coca Cola Company V Bisleri International Private Limited and Ors. – an issue arose as to whether the plaintiff had the right to register the trademark ‘MAAZA’ outside India. The defendants had sold their trademark rights, formulation rights, know-how, and goodwill of some of their soft drink products, including ‘MAAZA’, to the plaintiff through an agreement. In 2008, the defendants learned that the plaintiff had filed for the registration of the trademark ‘MAAZA’ in Turkey.

Copyright and Personality Rights

In May 2020, the Amitabh Bachchan starrer film – ‘Jhund’, met with controversy when Nandi Chinni Kumar, a Hyderabadi filmmaker alleged copyright infringement of the film. ‘Jhund’ is based on the life of Akhilesh Paul. It is claimed that Paul sold the ‘exclusive rights to his story of becoming a slum-footballer Kumar, who was going to make a biopic, titled ‘Slum Soccer’, based on Paul’s life.  The pertaining question here is, what is the legal framework surrounding such ‘exclusive rights and
Intellectual-Property

Crucial Agreements Required by Technology-Based Start-Ups to Secure Intellectual Property

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.
copyright-registration-lawyers-in-delhi

Copyrights Involved in Photography

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,
Trademark-Exhaustion

PRINCIPLE OF TRADEMARK EXHAUSTION

INTRODUCTION A trademark right is typically exhausted by the first sale of goods or placing the same in the market. The basic principle is that once the right holder has been able to obtain an economic return from the first sale or placing in the market, the purchaser or transferee of the goods or services is entitled to use or dispose of them without further restriction. Exhaustion of rights is linked to the distribution right. The right to distribute objects means
patent registration

CAN IDEAS BE PATENTED?

The patentability of an idea is one of the controversial topics faced during the grant of patents. There is a very fine line difference between an idea and an invention because every invention is first an idea which later matures and gets patented. On the face of it, it seems that there is no substantial way to protect an idea under intellectual properties. Copyright protects literary and artistic works but not innovations and patent protects novel and unique inventions. Even though