Emojis as intellectual property right: registering speech formats
“The English Language cannot fully capture the depth and complexity of my thoughts so I’m incorporating emoji into my speech to better express myself, Winky-face” […]
trademark
Prohibited Trademarks: What words and terms could lead to denial of your Trademark registration?
Thinking of a new innovative business model? A new start-up or product name that could set you apart from the crowd of the ever-growing additions […]
Death of a Distinctive mark by Genericide
Discussion of Aktiebolaget Volvo & ors v. Mantis technologies pvt. Ltd. & ors.[29 June, 2020] A mark is an image or face of the goods […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Trademark as a vehicle of social divide
It was Shakespeare who, through Romeo, had thrown caution the wind, and questioned the significance of a name, for a Rose, called as anything but […]
Revising Trademark Restrictions: The new wave of interpreting ‘Scandalous’ or ‘Immoral’ Words
In a recent U.S. Supreme Court judgment of Iancu v. Brunetti [1] the law which bans the registration of such trademarks, symbols or words that […]
Forever in our Memories, Legendary Gene Deitch (August 8, 1924 To April 16, 2020)
We’ll all die, the goal is not to live forever, The goal is to create something that will An Oscar Winning Illustrator, animator and Director […]
A treaty for strengthening the rights of Performers and Actors: Beijing Treaty Enters into Force on April 28, 2020
The Beijing Treaty on Audiovisual Performances (Beijing Treaty or BTAP) deals with the intellectual property rights of performers in audiovisual performances. Given the nature of […]
Unrecognizing the recognizable: Addressing the rapper’s dilemma in light of the German case law
*This article is going to be interesting because of three reasons. One, it talks about Sampling in the music industry; two, how European Union Directives […]