It is fairly common for trials in intellectual property law suits to get prolonged incessantly owing to delaying tactics adopted by one or more parties to such suits. One such practice is that of making unsubstantiated/blanket/bare denials of each and every plea/ document of the adverse party to a suit. Recently, a single judge bench...
On July 8, 2019, the Hon’ble Delhi High Court issued an interim injunction restraining major e-commerce platforms, including Amazon, Flipkart, HealthKart and Snapdeal, from selling products manufactured by Amway, Modicare and Oriflame that are direct sellers as defined in the Direct Selling Guidelines of 2016. These guidelines define direct selling as marketing, distribution and sale...
Over the last few years, the Indian Trade Marks Registry (“Registry”) has taken the initiative to modernize its working by introducing initiatives such as e-filing, digitization of files, etc. Yet another initiative in the direction of modernizing is email communication. In May 2019 the Registry issued a public notice requesting all applicants, registrants and/ or...
The Intellectual Property Appellate Board (“IPAB”) was established in the year 2003 primarily with the objective of rendering “technical” expertise in IP cases. However, in recent times, the IPAB has been plagued with a long pendency of cases, in large part due to lack of coram. Under the law, the IPAB bench shall comprise of...
India has joined three WIPO administered classification treaties designed to ease the search for trademarks and industrial designs. These treaties are the Nice Agreement, the Vienne Agreement and the Locarno Agreement. The treaties will enter into force on September 7, 2019. Although the Trade Marks Registry and the Designs Office have followed the classification systems...
Recently the Bombay Stock Exchange and well-known comedian, Kunal Kamra, engaged in a battle on Twitter in connection with Mr. Kamra’s use of a photoshopped image of the iconic Bombay Stock Exchange (“BSE”) building in his tweets. BSE’s concern over the issue emanates from its trademark registration for the three-dimensional representation of the BSE building...
Recognizing that the rules governing the Copyright Act, 1957 (“Act”) need modernizing in this digital era, on May 30, 2019, the Government of India published proposed amendments to the rules. These draft rules are open for comment by the public until June 29, 2019. It appears that the draft rules flow out of the Bombay...
The order of naming defendants in intellectual property suits is usually determined as a matter of strategy before a suit is filed. Up until now, it has been common practice to name an innocuous defendant as the first defendant in a suit for reasons such as acquiring jurisdiction of a court, evading mention in a...
While it is of paramount importance for trade mark owners to enforce their trademark rights, ensuring that these owners do not cross-over the bridge to abusive enforcement has as much gravitas. Very often, threats of infringement proceedings are used by large companies as a means to intimidate smaller ones, who, for time and/or lack of...
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), dealt with ‘Dynamic Injunctions’. With this decision, a plaintiff may directly approach the Joint Registrar of the Delhi High Court to extend an existing injunction against a website to similar ‘mirror/redirect/alphanumeric’ websites that contain...
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