Turning Deaf: Musings on the phonetic similarity of trademarks in Indian Courts
Introduction Imagine a triangle consisting of a producer, a good or service and a consumer. At the centroid, lies a trademark which tells the consumer […]
Patent Versus Trade Secret Conundrum
IntroductionInventors often face difficulty while choosing a protection regime for their inventions which simultaneously ensures a competitive edge. The two equally confusing options fulfilling this […]
Leeching as a mode of Trademark Infringement
The Rationale behind Trademark Protection Just as how humans are identified by their names, the ideas materialized by humans deserve to be identified by a […]
Geographical Indication (GI) Tags of Arunachal Pradesh
Arunachal Pradesh is also known as the Orchid State of India or the Paradise of the Botanists and geographically it is the largest amongst the […]
Basics of SEP in light of the recent German court’s decision
I have earlier researched, discussed and talked about Standard Essential Patents (SEP), however, I have never penned down my thoughts on this topic until now! […]
Geographical Indication (GI) Tags of Karnataka
Karnataka is a state in the southern part of India, bordered by the Arabian Sea coastline to the west, Goa to the northwest, Maharashtra to […]
Using IPR as collateral: Business Continuity in Post-Covid Landscape
I. Introduction:The COVID-19 pandemic has thrown open dilemmatic questions to various business houses quizzing them about their survival, expansion plans and business continuity. The pandemic […]
Can the “Method of preparation” introduced by the US Courts become an exception to Section 3(i) of Indian Patent Law?
The TRIPS agreement being an International Agreement, sets out for its signatory nations the minimum standards of protection to be provided in respect of the […]
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 […]
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 […]