By, Adarsh Vijayakumaran Introduction[i] The fast-growing technological advancement in India has made it necessary for the divine aura of intellectual property rights to include in its ambit the use of programmes and software. The RBI’s annual survey report of 2017-18… Continue Reading →
By, Shaivi Nihal Shah and Palash Moolchandani What is Deceptive Similarity? There are a number of ways by which a trademark can be infringed; the most common way being the use of deceptively similar marks[i], with the intention to deceive… Continue Reading →
In light of the move of trademarking the Taj Mahal Palace Hotel opening up a new line for trademark registration on buildings image in India, Ankita Aseri discusses image trademarks in India using case laws and also addresses with the less favourable aspects of image trademarking in India.
Ankita Aseri throws light on the thin line of difference between comparative advertising and unfair trade practices through the use of case laws and by comparing the Indian scenario with the ones in the United States and the United Kingdom.
Sadhana Madhavan critically analyses the ruling in the case of HUL v Gujarat Co-operative Milk Marketing Federation Ltd. by juxtaposing the various laws in India that prohibit comparative advertising especially in the field of trademarks and also the various precedents in the same sphere.
Aman Tolwani analyses in detail the changes that have been made as per the Trademark Rules of 2017.
Varada Balachandran explores the concept of ‘negative spaces’ in IP law, i.e. those areas of creation that thrive with little or no intellectual property protection. The elements for a creation to fall under its ambit is identified along with the reasons for creators consciously choosing to not invest in IP protection.