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 […]
Month: June 2020
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 […]
Geographical Indication (GI) tags of Kerala
Kerala, a south-western state of India, situated on India’s tropical Malabar Coast, has nearly 600km of Arabian Sea shoreline. Popular by the name “God’s Own […]
Brexit and Unitary patent in the EU: An analysis of what has happened so far.
Failure of the first attempt to establish a unitary patent system Since the conclusion of The European Patent Convention in 1973, there have been several […]
Stripping Away Abstraction to find Adaptation
From Lord of the Rings to Life of Pi to Shawshank Redemption, we have all time and again enjoyed these movies that were wonderful adaptations […]
A case of a permanent injunction filed by one patentee against another patentee
What we usually discuss in patent classes is about enforcement of the patent rights by the patentee against any person under Section 48 of the […]
Geographical Indication Tags of MIZORAM
Geographical Indication Law [Geographical Indications of Goods (Registration and Protection) Act, 1999] protects the traditional culture and benefits the artisans, weavers, craftsmen socially as well […]
The pecuniary jurisdiction of courts in IPR disputes
Mr. Nosy Parker is an artist who creates interesting posters at his leisure. Recently, through one of the groups on facebook, he saw an attractive […]
Geographical Indication (GI) Tags of ODISHA
Odisha was secured with the much-awaited GI Tag on “RASAGOLA” on 29th July 2019 [Certificate]. The application for ‘Odisha Rasagola’ was filed by the Odisha […]
Pitbull yells out a trademark for himself! How Trade marking sounds have come a long way.
The jurisprudence of trademark laws, all around the world, has categorized a sound mark as a non-conventional trademark. It is usually seen as a trade […]
WIPO PROOF: An online tamper-proof wallet to record trade secrets and other intellectual assets
On May 27, 2020, WIPO launched a service that would provide evidence of the existence of intellectual assets at a specific point in time. This […]
Fast track patenting in India: An overview of IPO-JPO Patent Prosecution Highway (PPH) Pilot Program
Fast track patenting in India is slowly becoming a trend now. Starting with a first set of initiatives to fast track examinations of patent applications […]
Monkeying around with IP
We know that humans, as well as other legal entities, are entitled to claim proprietary rights over tangible as well as intangible things. They are […]
Stephanie Sinclair V. Mashable: An eyeopener for Instagram artists to take a re-look at their rights
It can without a doubt be stated that social media has become an inseparable part of our lives today. In Contemporary times, social media platforms […]
Competition Law versus Patent Law – The Monsanto Conundrum
Back in 2010, while reading about genetically modified cotton and Brinjals in a biology lecture, I became aware of Monsanto. Monsanto has been a pioneer […]
Can AI be Inventors under Patent Laws?
It’s 2020 and clearly it was anticipated that soon enough AI will take over the world. Alas! We are all sitting in our houses contributing […]
Trademark Incapacity Doctrine or Primary significance test: Which favors Generic mark to be recognized as trademark?
The principal purpose of a trademark is to act as a ‘source signifier’ and not ‘product signifier’. A mark qualifies as a trademark when a […]
Finance art becomes another batch of students of school S. 101 failing Alice test
A Changing trend of the USPTO in rejecting patent applications in the domain of finance art units has become something of concern to US patent […]