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Anushka Agarwal revisits the celebrated Bollinger case. She provides a detailed analysis of the Classic Trinity test laid down in this case and examines if it is still relevant. The article also explains the difference between the remedy of passing-off and trademark infringement.
In this article, Akhil Satheesh explains the position of the Indian law on comparative advertising, its adequacy, and the scope for betterment.
Non-traditional marks are IPRs that do not belong to the conventional trademark. In this post, Adv. Elizabeth Puthran analyzes its position in India.
Pragya Sharma has analyzed the key challenges in licensing 5G Standard Essential Patents, at a time when there is an ongoing global transition to 5G networks.
Akanksha Badika and Divya Priyank have analysed the issue of invention secrecy in the US and India.
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.
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.
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.
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.
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 →