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TRADEMARK

Conflict of Western Ideas with Local Customs: Intellectual Property Regime in the Middle East

By, Mohit Kar Intellectual Property Rights (“IPR”) in the Middle East are based on the idea of Western influence on foreign laws, which have now been assimilated into the local laws.[i] It is an illustration of the West’s supremacy in… Continue Reading →

The Battle of the Soaps – India’s first COVID-19 related IP Dispute

One of the suggested methods in preventing the spread of COVID-19 is washing hands with soap and water. This simple yet effective method has paved the way for India’s first IP dispute between Dettol’s makers, Reckitt Benckiser and Hindustan Unilever Limited. Sayesha Battacharya analyzes the current dispute and also takes the reader through some of the advertising wars between Reckitt Benckiser and HUL.

The Rubik’s Cube Conundrum Finally Solved

By, Sandhya Gupta The European Union Intellectual Property Office (EUIPO) granted trademark protection to Seven Towers in 1999 for its famous ‘Rubik’s Cube’ which is a three-dimensional puzzle. At the time of registration, Seven Towers only provided the visual, graphical… Continue Reading →

Duty-bound Trade Mark Registrar: Case of IP Attorneys Association v. Controller General

By, Yash Raj   The Hon’ble Delhi High Court recently through a Single Judge Bench of Hon’ble Mr. Justice J.R. Midha in the case of Intellectual Property Attorneys Association v. The Controller General of Patents, Designs & Trade Marks[1] arising… Continue Reading →

Do the rules of the Indian Evidence Act apply to Patent processes?

By, Vasu Manchanda   Introduction The Indian Evidence Act, 1872 entails the burden of proof and its onus on the plaintiff. According to Section 101 of the Indian Evidence Act, 1872, the burden to prove the existence of the claimed… Continue Reading →

Can Elsa save Anna from Louboutin: The fuss around Anna’s boots and possible lawsuit against Disney

By, Manasvi Sharma   Of all the things Disney does, one of the things it probably does the best is marketing. With Frozen II hitting the theatres in November 2019 and entering the million-dollar club at Global Box Office,[1] the… Continue Reading →

Understanding Parallel Imports and the Doctrine of Exhaustion in the Trademark Regime

By, Mayank Barman Known by names such as “Grey market imports” or “reimports”, parallel imports refer to the transnational distribution of goods produced legally. They are protected by Intellectual Property Rights such as Patents, Trademarks and Copyrights. There is nothing… Continue Reading →

Software Trade Secret Protection in India: Prodding the Mesh

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 →

Deceptively Similar Trademarks in the Pharmaceutical Industry: A Threat to Society

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 →

Personality Rights: A need for Legislation

                                      by, Ankita Aseri INTRODUCTION What are Personality Rights? The term ‘personality right’ is the right to control and profit from the… Continue Reading →

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