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Trade Marks of Generic Domain Names: United States Patent and Trademark Office Et Al. v. Booking.Com B. V.

Agneya Gopinath explores the US Supreme Court judgement, ‘United States Patent and Trademark Office Et Al. v. Booking.Com B. V.’, in dealing with the question: Would a generic word, coupled with a domain-name suffix, be eligible for obtaining trademark protection? References have also been made to the Indian view on the subject matter.

The ‘Magical’ Conundrum: ITC Limited v. Nestle India Limited

Sabreen Hussain analyses the judgement of the Madras High Court in the recent ‘M/S ITC Limited v Nestle India Limited’ case. Apart from a focus on concepts such as ‘infringement’ and ‘passing off’, the question as to when laudatory expressions can be trademarked has also been dealt with.

Should Graffiti be Protected by Copyright?

Swati Singh, in this article, argues for affording copyright protection to graffiti regardless of its illegal nature, in the light of recent appropriation of a graffiti by the clothing brand H&M.

The Enigma of Transformative Use in fair dealing under the Indian Copyright Law

This article deals with the necessity for the applicability of the transformativeness doctrine for the fair use of copyrights. It attempts to point out the relevant criteria in the Indian regime in this regard through a comparative analysis with that of the US. Upon a brief analysis of the same, the article concludes against such applicability in the country, deeming it counterproductive.

Michael Skidmore v. Led Zeppelin: Analysing The Interdisciplinary Aspect of Music And Law.

By, Arnav Bose Introduction On 9th March 2020, the United States Ninth Circuit Court (‘US N.C.C’) passed a judgment in the publically acclaimed case of Michael Skidmore v. Led Zeppelin (‘Led Zeppelin case’) which held that the renowned Led Zeppelin… Continue Reading →

Case Commentary: Lessons From EBC & Ors. v. D.B. Modak & Anr.

By, Jaskaran Singh Saluja   I. Introduction In the legal regime of Intellectual Property Rights (IPR) laws, Eastern Book Company & Ors. v. D.B. Modak & Anr.[i] is a landmark case. If edited judgements are to be considered as derivative… Continue Reading →

Patentability of Life-saving Drugs

By, Shubhank Suman INTRODUCTION In developing countries, millions of people still have little or no access to lifesaving drugs, and the main reason for it is patent. A patent that confers certain legal rights on inventors and gives them absolute… Continue Reading →

Patents and Covid-19: Compulsory Licensing as an alternative to Revocation in Public Interest

Neeraja Seshadri and Amala Govindarajan discuss the instances where patents have been revoked in the public interest, and have argued that compulsory licensing is a more feasible alternative to the former, in light of the current pandemic.

Unclear Stand of Olfactory Marks in Trademarks World

Shubhank Suman gives a comprehensive outline about olfactory marks and the concerned legislations in India, US and the EU. The author has also summarised the challenges to bringing about a law on the subject and the necessity for one.

The Conundrum of Protection of Idea vis-à-vis with Copyright and Patent

By, Shubhank Suman   Idea defines as a “thought or suggestion to a possible course of action”[i] which is an essential first step toward any inventions or literary works. Nothing can or will occur without an idea, so ideas are… Continue Reading →

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