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April, 2022 | Khurana and Khurana

Month: April 2022

Caution! Colours Can Be The Functional Part Of A Product

Moldex has been producing foam ear plugs with a specific bright green color. Since the beginning of its business in 1982 it has sold over 1.6 billion pairs of them. It does not have a federal registration of its green color but it initiated a law suit against the defendant, McKeon in the present case after … Continue reading Caution! Colours Can Be The Functional Part Of A Product

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Trade Dress Infringement on Rifle Scopes

The Plaintiff is into the business of making adjustable rifle scopes and several portions of the products are textured with so-called “knurling,” used mainly for providing grip to the products. This design is being used by the Plaintiff on rifle scopes since 2002. Till 2011 the product was being manufactured by a Sporting Goods factory … Continue reading Trade Dress Infringement on Rifle Scopes

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Stand Of Indian Government On Protection Ipr For Virtual Digital Assets

The phrase “virtual digital assets” is used in the Finance Bill to refer to both cryptocurrencies and NFTs. The criteria for identifying bitcoins or similar apps as virtual digital assets were purposefully kept broad. Aside from the distinctions in their characteristics, cryptocurrencies serve as payment systems in which units are transferable and have some value. … Continue reading Stand Of Indian Government On Protection Ipr For Virtual Digital Assets

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The European Union Has Stripped McDonald’s Of Its Trademark On Big Mac burgers

The landmark decision by the bloc’s trademark regulator, which has immediate effect, is just the latest episode in a long-running legal dispute between the US food giant and family-owned chain Supermac’s.  In one of such recent decision, EUIPO gave its ruling in favor of Irish fast food, thereby stripping McDonald of its exclusive use of … Continue reading The European Union Has Stripped McDonald’s Of Its Trademark On Big Mac burgers

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IP & Youth: Innovating For A Better Future

Intellectual Properties (IPs) and their respective protection through various legal statutes have become an inevitable and indispensable requirement for ensuring sustainability of the future generations for a prosperous, healthy, and safe future. Numerous current technological advancements across domains have, over the years, yielded adverse effects in terms of environment, safety, security, and health concerns, which … Continue reading IP & Youth: Innovating For A Better Future

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Patent Index Perplexity in India: Improving yet Trailing

  It has been reported in the early April 2022 by the Ministry of Commerce and Industry, Government of India, that the for first time since 2011, the number of domestic patents being filed by the Indians has exceeded than that of foreigners in India in the quarterly period of January-March of 2022. THE RELEVANT … Continue reading Patent Index Perplexity in India: Improving yet Trailing

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IPR in the Era of Conflicts by

Patents, trademarks, copyrights, etc. are intangible assets majorly contributing to the growth of a nation, especially in terms of science and technology. The article discusses the implications of such conflict on its Intellectual Property rights. Patents, trademarks, copyrights, and designs form the umbrella of legally obtained Intellectual Property Rights (IPR). These are intangible assets provided … Continue reading IPR in the Era of Conflicts by

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Buy Now Pay Later: Regulatory Ambiguity And Consumer Protection

BNPL (Buy Now Pay Later) is a point-of-sale credit that allows consumers to pay for goods over a small period while receiving such goods as if the payment was made upfront. Initially ignored as another form of installment-based credit, the BNPL market picked up during the course of Covid-19 pandemic. The BNPL market expanded by … Continue reading Buy Now Pay Later: Regulatory Ambiguity And Consumer Protection

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Patenting Stem Related Inventions In India

Stem cells are cells that have the ability to differentiate or develop into different types of cells. This distinguishing feature confers significant medicinal value, since they can decipher numerous mysteries about living creatures, mortality, and diseases, and may even be able to treat them. Patent law and policy, which converge between science and law, present … Continue reading Patenting Stem Related Inventions In India

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The Criminal Procedure (Identification) Bill, 2022: Caging Freedom In Henhouse

The legal systems across the globe have accepted the ideas of justice, fairness, equality, and reasonableness as the cornerstones of their nations. Our forefathers inscribed them as a sacred pledge in the glorious Constitution. They are the golden thread that weaves the fabric of the country and forms the bedrock of any law formulated thereof. … Continue reading The Criminal Procedure (Identification) Bill, 2022: Caging Freedom In Henhouse

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