The Intellectual Property Appellate Board (“IPAB”) was constituted by the Indian Government on September 15, 2003 to hear and adjudicate appeals against the decisions of the Registrar under the Indian Trade Marks Act, 1999 and the Indian Geographical Indications of
The Calcutta High Court, in November had the opportunity to deal with a rather interesting patent dispute where one person tried invalidating a patent which was identical to his; when both of their patents seemed to be copied from a US Patent!
From the newspapers to our daily lives and our secret fears – it’s all about being intimidated by the big guy. Most of us believe (or is it just me?) that they can be overpowering because they are they and we are we. I can’t begin to fathom how it must be out there for the new entrepreneurs in the competitive market. The big sharks are waiting to swallow them and they tread carefully hoping to survive the competition. The David-Goliath battle in not new to any filed and it is no exception in the world of trademarks.
In the world of fashion, Swarovski is known for its crystals. Yet in what could be described as a David vs. Goliath battle, Swarovski lost its registered trademark “Crystal Glamour” in January 2014 because of a rectification petition filed by an innocuous and relatively unknown textile manufacturers from Tiruppur (a city in the South Indian state of Tamil Nadu) called Crystal Knitters. However, much like the Cadbury in Cadbury vs. ITC case before the IPAB, Swarovski gave up its registered mark without a fight.
Use of animal representations or their names or both as trademarks (“animal marks”) is an intriguing concept. For one, except in some cases, animal marks prove to be arbitrary in application and therefore inherently distinct. However, most businesses like to
Justice K.N. Basha, who recently retired as a judge of the Madras High Court, has been appointed as the chairman of Intellectual Property Appellate Board (IPAB). He succeeds Justice Prabha Sridevan, who retired from the post a few weeks back. At present S Usha has been deciding matters as the acting chairman.
I was referred to this article by one of my colleagues who got it on his RSS Feed. The article itself points to a recent order of the IPAB which “yet again chastised the Indian Trademark Registry in its Order dated 12th July”. Naturally my curiosity was piqued and I went on to read said Order.
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