Failure to obtain foreign filing permit in India – illegality or irregularity?
A very interesting question was recently put across to a wide audience group. The questioner sought inputs on whether an applicant based out of India […]
Public disclosure of the invention is safer than a secret use: Loopholes in the patent law
Secret use of an invention before filing a patent application could amount to public use and such public use of the invention would be beyond […]
Trademarkability of “.com” marks with generic terms
We often argue that generic words can’t be trademarked because it tends to be used in the same industry by the other proprietors to refer […]
US Copyright Laws vs. EU Software Directive: The Unending Saga of SAS and WPL
A three judges bench of the United States Court of Appeals, Fourth Circuit has rightly said that “the area of software copyrights is a murky […]
Doom’s Day- An End to 150 years of Good yearicism
USPTO v. Booking.com[1]This post is in continuation to our previous posts covered here and here. The day has come and the SCOTUS (Supreme Court of […]
Genuine Artistic Motive Wins Over Trademark Infringement Allegation
The right to Freedom of speech in general enables us to express ourselves freely in different forms. Trademark law, on the other hand, protects the […]
Calling for a CONscious use of the “Well-Known” Mark ISKCON
On 6th March 2020[1], the Single Bench of the Bombay High Court led by Hon’ble Mr. Justice B.P Colabawalla, granted an ad-interim injunction in favour […]
How the addition of “.com” to a generic word, can be protectable under US trademark law
USPTO v. Booking.com B.V[1] As my colleague, in his article “Trademark Incapacity Doctrine or Primary significance test: Which favours Generic mark to be recognized as […]
Monsanto’s patent took its last breath, undetermined if it was a patent or plant variety
The present blog pertains to the landmark fight over Monsanto’s Bt. Cotton technology. It is not yet finalised whether the subject invention was a patentable […]
Broadcasting Woes: Hired Cars & Radio (EU & Indian Perspective)
This post is written in co-authorship by Ms. Riddima Sharma and Ms. Amshula Chauhan. The Court of Justice of European Union (CJEU) in a recent […]