Registration of deceptively similar marks for different goods in different classes is almost never an issue! However, what about registration of deceptively similar trade marks for different goods in the same class? In most, if not all, developed economies around the world courts and tribunals allow registration of marks that may be deceptively similar for...
Like many other countries, an Indian trademark registration remains valid and subsisting for a period of ten (10) years from the application date. It is pertinent to note that, in India, the registration date is the same as the application date. Therefore, the ten (10) year renewal date is counted from the date of filing...
Last month it was widely reported that American fashion model, Gigi Hadid, was sued by a photo agency for sharing a copyrighted photograph of herself on her Instagram account. In the US, the accepted market practice is to obtain a license for such photographs. However, in India, such practice is not the norm. Surprisingly, however,...
The inherent nature of intellectual property is such that the overlap between the bundle of rights available to an owner in a single subject matter is unavoidable. Consequently, maintaining harmonious co-existence between these rights and setting a precedent that fits all is proving to be a difficult task for enforcement bodies. One such blurred line...
The rules governing trade marks in India underwent a sea of change in March 2017 with the advent of the Trade Marks Rules, 2017 (“New Rules”) that replaced the erstwhile Trade Marks Rules, 2002 (“Old Rules”). One major change brought about by the New Rules was the omission of the wording “within such further period...
In 2013, India’s Supreme Court in Shreya Singhal v. Union of India, (2013) 12 SCC 73 caused many online marketplaces in the country to disregard complaints of infringement on such marketplaces. This post discusses how the scenario might be changing. Online marketplaces in India celebrated the Supreme Court’s 2013 decision requiring them to act on...
It is now possible for trademark and design infringement to be alleged in a single lawsuit. A five-judge bench of the Delhi High Court reaffirmed this no-brainer last month in Carlsberg Breweries v. Som Distilleries and Breweries (Decision dated 14.12.2018 in CS(COMM) 690/2018). However, the path to this common-sense ruling is rife with five years...
For any brand owner, the accordance of well-known status to his brand is a “milestone.” The protection afforded to a well-known trade mark goes beyond traditional standards and focuses on protecting the distinctiveness of a trademark as against free riding and defilement. In India, the factors which are to be considered while determining the well-known...
The Trump campaign’s use of Rihanna’s ‘Don’t Stop the Music’ at a political rally was, ironically, met with cease and desist demands. Although POTUS eventually acceded, many commentators felt that the singer’s demands may have had weak legal footing. Since venues booked by the Trump campaign likely owned blanket performance licenses, their use of the...
With the rapid growth in the counterfeiting industry, law has to step in to prevent it. Indian law has approaches to check the importation and exportation of those counterfeit goods that infringe any intellectual property. One such approach is the custom recordation of an intellectual property, the validity of which is five years. All the...
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