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The Never-Ending Relation Of Functionality And Trade Dress
Flexible Steel Lacing Co. (“Flexco”) filed a civil action against Conveyor Accessories (“CAI”) for trade dress infringement and unfair competition under the Lanham Act, Common Law, and Illinois Uniform Deceptive Trade Practices Act at the United States District Court for the Northern District of Illinois, Eastern Division (“District Court”). Flexco and CAI are competitors in … Continue reading The Never-Ending Relation Of Functionality And Trade Dress
Read more »Criminal Prosecution For Copyright And Trademark Violation
The Copyright and Trademark regimes grant a person, statutory rights, relating to their literary, artistic work (under Copyright Protection) and for their Trademark/brand identity (under Trademark Protection). When there is a violation or infringement of these rights by way of use by any person other than the one upon whom these rights have been conferred … Continue reading Criminal Prosecution For Copyright And Trademark Violation
Read more »The Changing Dynamics of Judicial Enquiry: – Section 11
The Indian Arbitration system has been taking a forward approach for a decade now to make the Indian sub-continent a hub for Arbitration. The question and interpretation of the judicial enquiry under Section 11 have been a long-standing question, and the judiciary has, time and again, come forward to provide the narrow meaning of Section … Continue reading The Changing Dynamics of Judicial Enquiry: – Section 11
Read more »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
Read more »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
Read more »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
Read more »The Commercial Courts Act 2015 And Jurisdiction
The Commercial Courts Act 2015 was introduced by the government to reduce the pendency of the Commercial Disputes which earlier were dealt with under the category of regular suits. This step taken by the government has well enabled both domestic and foreign investors to gain trust in the Indian markets. The Commercial Courts Act 2015 … Continue reading The Commercial Courts Act 2015 And Jurisdiction
Read more »Natural Law and Patent: American Axle case
American Axle involved allegations of infringement of a patent pertaining to a method for attenuating driveline vibrations in order to reduce vehicle noise. The district court applied the Supreme Court’s two-step framework for analyzing patent ineligibility and held that the asserted claims were patent ineligible. The court found that the claims were “directed to” natural laws … Continue reading Natural Law and Patent: American Axle case
Read more »Exceptions for Power of Attorney (GPA) in India and Penalty Associated Thereof
Exceptions for Power of Attorney (GPA) in India and Penalty Associated Thereof: The Indian Stamp Act of 1899 (2 of 1899) acts as fiscal legislation. It is an in-force Act of the Government of India for the charging of stamp duty on instruments recording transactions. The sole purpose of this Act is to generate revenues … Continue reading Exceptions for Power of Attorney (GPA) in India and Penalty Associated Thereof
Read more »Good-Faith (Mis) Understanding: Unicolor v. H&M Hennes & Mauritz Case For Copyright Infringement,
Unicolors sued H&M Hennes & Mauritz for copyright infringement, asserting fabric design copyrights from among 31 of such designs that were filed as part of a single application on January 15, 2011. Unicolors prevailed in proving infringement after a jury trial, but the Ninth Circuit remanded the case, instructing the district court to refer the … Continue reading Good-Faith (Mis) Understanding: Unicolor v. H&M Hennes & Mauritz Case For Copyright Infringement,
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