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.
The grant of patents have always required that certain criteria be met, generally the trifecta of novelty , innovation and industrial applicability. What about something that can meet all the above criteria and cant be patented? Software is the most common example of this and the problems faced in patenting it is examined in this piece.
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.