Author Archive

4 things to know while filing a national phase application in India under PCT

When it comes to prosecution of trademark, design or patent applications, there are a lot of things that are common to all countries. However, each country has its own peculiarities and most often, its mind blogging for attorneys who are

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Bata sho(e)s away Vitaflex – Delhi HC grants injunction against groundless threats

The phrase “I’ll sue you” is one that many people love to use, without actually giving too much thought to whether legal action can in fact be taken and if so, whether it’ll be maintainable in a Court of Law. Lawyers take it a step further (in an attempt to make their client’s happy) by telling the other party that legal action will be taken against them if they do not comply or do what is necessary to be done. As a lawyer, it is pertinent to make sure your client is in the clear before actually threatening to someone with legal threats. The Delhi High Court reiterated this by granting an injunction against Vitaflex Mauch GMBH from issuing the groundless, unjustifiable or wrongful threats to Bata India.

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3D Printing and Intellectual Property

Rapid prototyping, or 3D printing as it is called today was a method to create prototypes in industries before actual products were manufactured. It was both cost-effective and also a good method of determining if there were any defects before actually manufacturing the actual product. Technology advanced and times changed; 3D printing is now used to create anything and everything, including low-cost prosthetic limbs, skin and bones and many more such imaginable things! 3D printing technology is a revolutionary one and has been game changer for a number of industries.

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Copyright protection for jokes – Not a joke anymore?

Thou shal not steal is definitely the underlying point of all intellectual property rights, and Twitter reaffirmed this by deleting a tweet on a complaint made by Olga Lexell, a freelance writer from Los Angeles. Her premise was that she’s a freelance writer who makes her living writing jokes and since that’s her creation (intellectual property), other users didn’t have the right to re-post it without giving her due credit. This has definitely raised a lot of questions on whether jokes can actually be copyrighted under the copyright laws and more importantly, if such a right would be enforceable.

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Of franchise agreements and trademark infringement suits

A recent order by the Delhi High Court reiterates the importance of a carefully thought out and drafted agreements. This particular matter was one concerning breach of a franchise agreement which entailed confidential information, trade secrets, get-up, layout, arrangement, trade-dress of the Plaintiff’s fitness centres and spas. The Plaintiff (Ozone Fitness) filed a suit against Pure Fitness and others and sought an interim injunction. This case is definitely one of its kind given the nature of the suit, the reasoning of the Court and the restriction on the interim injunction granted in favour of the Plaintiff.

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Trademark Cocktails – The intellectual property blend

There have been several instances where I’ve looked at a menu card at a pub with a really cool cocktail name and wondered if they’ve trademarked it. Never did I once imagine that the ones that are common and used by all are in fact the ones that are registered trademarks. So would use of these trademarks by restaurants and pubs in their menu card amount to trademark infringement? There are several possibilities in connection with this and before I get to that, here’s a list of cocktail names that are filed/registered in India, some of them actually belong to the big players of the alcohol industry.

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Good Earth sues India Circus for passing-off their designs

The Delhi High Court recently granted an injunction against India Circus on a suit filed by Good Earth for passing-off of their designs, particularly for motifs, logos, patterns of Serai, Periyar, Vrindavan, Lotus, Bali Mynah, Rose Princess and Falcon on products. The Court has discussed passing-off in case of designs and also the concept of novelty (which hasn’t been discussed much) in terms of a design being old in itself but when applied to a new article to which it has never been previously applied, it being a novel design.

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Video games and trademarks – Play it right!

In my previous article, I’d written about how different aspects of the video game (story line, source code, characters, background music, screen shots, packaging) can be protected under the laws of copyright. In addition to this, there are different aspects of the trademark law that a game developer will have to keep in mind while creating a game is a world of unending possibilities.

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Video games and Intellectual Property – Making the smart move!

Before I start off telling the world the numerous ways in which different parts of a video games can be protected as an intellectual property, I must admit that I don’t play video games myself and all my knowledge about it is limited to all that I hear about it from friends and colleagues. Though video games have never really fascinated me, when I started reading and knowing more about them (purely for research!), it’s definitely something I wanted to try my hand at!

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Musical instruments and the law – The sound of IP

My science teacher in school (I’m certain most them around the world) always told us how science is connected to everything in our day to day lives. It was quite amusing to understand how it worked practically and I wondered if it was in fact possible to connect something else like we connect science to our daily lives. I have come to realise that I feel the same way about intellectual property and constantly connect it to the things we come across in the course of our daily life – Mobile Applications, board games, food recipes, magic and now musical instruments. So can musical instruments be protected under the laws of intellectual property? Yes! The laws of patent and design provides for sound protection of musical instruments!

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