The Geographical Indications Registry, Chennai, on Wednesday, October 3rd, 2018, issued a Certificate of Registration for “Alphonso”, in respect of Horticulture (mangoes) falling under class 31. The Geographical Indication (“GI”) for Alphonso has been limited to the Konkan region of Maharashtra and comprises of five districts in the Konkan area, namely, (i) Palghar, (ii) Thane...
Typically, a trademark is conceived to be a static, two-dimensional term or a design, which is used to uniquely identify certain goods or services. However, with the evolution of the digital era, companies strive to make their trademark striking and memorable. This is where fluid trademarks step in. As the name suggests, fluid trademarks, while...
On June 25, 2018, in a post titled “The Impact of Neuroscience on How Courts in India Typically Address Trademark Disputes”, Ryan Wilson, a senior associate at the firm, argued that under the traditional test of deceptive similarity followed by Indian courts for decades (i.e. perceiving rival marks through the lenses of an average consumer...
This post discusses the Delhi High Court’s recent orders in matters involving the Christian Louboutin red shoe sole (shown below), and the conundrum that these orders have thrown up. In December 2017, the Delhi High Court granted an ex parte injunction restraining several third-parties from manufacturing and selling footwear with a red sole. In fact,...
This post is the second of the two-part series on certification marks in India. The previous post talked about the registration of certification marks in India. This post sheds light on the rights conferred on a proprietor of a certification mark, and the enforceability of such marks in India. A proprietor of a certification mark...
In 2012, the Delhi High Court recognized that actions against parallel importers were maintainable, albeit in a limited sense i.e. the trademark owner could restrict circulation of parallel imports, if such circulation could be shown to have cause damage/ loss of goodwill [See: Samsung v. Kapil Wadhwa, 194 (2012) DLT 23]. Inevitably, an appeal against...
While Indian trademark law looks at likelihood of confusion from the point of view of a consumer of average intelligence and imperfect recollection, neuroscience strips the consumer down to a quantum computer of average processing power and limited RAM. As this divergence in a court’s perception of the consumer and that of contemporary scientific literature...
This post discusses the registrability of letter marks in India, and provides helpful tips to overcome common objections against their registration. Single letter marks, in India, are generally considered devoid of distinctive character for goods because of the tendency in trade to use letters as references. For instances, care should be taken to avoid filing...
The implementation of the European Union’s General Data Protection Regime (“GDPR”) is touted to bring sweeping changes in the data protection regime across the world. This post discusses how the GDPR impacts Indian businesses. The GDPR is not only applicable to EU members, but also governs entities in foreign countries that deal with data of...
With the advent of superhero movies and comic book characters coming to life in cinema, cosplay has become a popular way for fans to appreciate and emulate their favourite characters. However, is cosplay copyright infringement or fair use? A cosplayer will need to show that, he/she has in fact, used his/her skill and creativity, inspired...
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