Author Archive

Trademark Infringement and Counterfeiting

Counterfeiting and infringement are two concepts that are often considered synonymous and similar to one another and the differences between the two are most often overlooked. Counterfeiting as defined in the English dictionary and as commonly understood by the general

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Trade Marks Rules, 2017- Dissected, Scrutinized and Simplified

Seems like the month of March is jinxed with respect to Trademarks in India! March 2016, we witnessed the infamous “Mass abandonment” of over one lakh trademark applications and a year later in March 2017, the Indian Trade Marks Office

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“TATA” A Well-Known Trademark

In a recent judgment, the Delhi High Court pronounced that the mark TATA has acquired the status of a “well-known” mark on account of its usage for a long period of time. The concept of well-known trademarks and infringement of

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Confidentiality or Restraint of Trade

Coming across Employee Confidentiality Agreements or inclusion of the Confidential Information clause in an employment agreement is a common part and parcel of the professional front.  However, there have been instances wherein under the disguise of protecting confidential information, such

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No Protection For Generic Domain Names

Given the augmenting cyberspace era, domain name disputes are on an ultimate rise and there have been numerous judgments pronounced on domain name disputes and majority of these disputes are focused on the interplay between trademarks and domain names. Last

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Infringement of a trademark also depends upon the similarity between the target customers

The criteria for determining trademark infringement primarily depends on two major factors; ie- identity or similarity between the registered trade mark and the infringing mark and the identity or similarity between the goods or services respectively covered by the two

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Trade dress – A powerful brand element

On account of rising competitiveness in the commercial industry, the importance accorded to trade dress of a product is tremendous. Trade dress relates to the visual or other appearance of a product which includes its packaging, combination of colours, textures,

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Supreme Court re-affirms – No royalty for lyricists and music composers

Undoubtedly, lyricists (the authors of literary works) and music composers of a song (musical work) are the true and first owners as far as copyright is concerned. However, the Hon’ble Supreme Court is of a different view and in International

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“Viewing pirated videos/films will not land you in jail” – Setting A wrong precedent?

The buzz about legality of watching pirated movies on blocked websites has been doing the rounds for a while. The Bombay High Court in Eros International Media Limited v.  Bharat Sanchar Nigam Limited, pronounced that “mere viewing of blocked websites and

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Online broadcasting now within the purview of the Copyright Act

Broadcasting rights and its statutory licensing under the Copyright Act is dealt under the provisions of Section 31D, inserted by virtue of the 2012 Amendment. Section 31D allows “Any broadcasting organization desirous of communicating to the public by way of

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