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TRADEMARK

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 →

Image Trademark

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.

Comparative Advertising: Towards a New Trend

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.

Case Comment on Hindustan Unilever Ltd (HUL) V. Gujarat Co-operative Milk Marketing Federation Ltd

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.

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