Category: Legal Issues

Shamoil Ahmad Khan v. Falguni Shah: Scrutinizing the Idea-Expression Dichotomy

6th December, 2021 - 4:19 am Categories: Legal Issues

The principle of ‘Idea-Expression dichotomy’ was devised to ensure that the expression of an idea is protected instead of the idea itself. It espouses the importance of balancing a) the interest of the copyright owner with b) the interest of the public in furtherance of creativity and innovation. It is settled in law that ideas … Continue reading Shamoil Ahmad Khan v. Falguni Shah: Scrutinizing the Idea-Expression Dichotomy

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Case Analysis: P. Sundaram v. Asia Match Company

26th November, 2021 - 5:32 am Categories: Copyright Copyright Infringement Legal Issues Trademark Trademark Litigation

This interim order on the issue of whether the respondent, based on the location of their branch office, can maintain the present suit within the territorial jurisdiction of the present Court, i.e., a question on the issue of the jurisdiction of the commercial division. The case originally was filed by Respondents in this case who … Continue reading Case Analysis: P. Sundaram v. Asia Match Company

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Case Analysis of Bacardi and Company Limited v. Bhahety Overseas Private Limited &Ors. CS(COMM) 464/2021 & I.A. 12323/2021

23rd November, 2021 - 5:35 pm Categories: Legal Issues

Sonam and Ria are friends. One day, they decide to get fruit juice from a store nearby to quench their thirst. They like on specific drink which is known as BREEZER. However, when they entered the store, they ended up buying a drink called FREEZMix which was placed right beside BREEZER. Thinking that it’s just … Continue reading Case Analysis of Bacardi and Company Limited v. Bhahety Overseas Private Limited &Ors. CS(COMM) 464/2021 & I.A. 12323/2021

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Case Analysis: Domain Name Dispute in the matter of Roni Abraham v. Nautilus Networks LLP

15th November, 2021 - 7:34 am Categories: Legal Issues

Introduction Domain names tend to have an important role in today’s internet and technology-driven business market wherein it helps in mapping IP addresses and also acts as an identifier of the trademark of a company. However, unlike trademarks, domain names are not sufficiently protected by the laws of a country. There is no uniformity to … Continue reading Case Analysis: Domain Name Dispute in the matter of Roni Abraham v. Nautilus Networks LLP

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The Paradigm Shift in the Online Gaming Industry

15th November, 2021 - 5:10 am Categories: Legal Issues

INTRODUCTION The relentless growth of the online gaming industry in India has posed a great challenge for both the legislature and the judiciary. It becomes imperative to assess the recent and ongoing chain of events in the State of Karnataka, leading to the enactment of the Karnataka Police (Amendment) Act 2021(KPA) to make Gambling a … Continue reading The Paradigm Shift in the Online Gaming Industry

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Online Rummy – A Game of ‘Mere Skill’: The Stand taken by Kerala High Court

13th October, 2021 - 11:52 am Categories: Legal Issues

Despite having had numerous judgments ranging from various High Courts across the past several years, the questions pertaining to what amounts to a game of skill and what amounts to mere gambling or a game of chance. Recently, this question was brought before the High Court of Kerala when the notification dated 23rd February 2021 … Continue reading Online Rummy – A Game of ‘Mere Skill’: The Stand taken by Kerala High Court

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The Satan Shoe Case: An Analysis of the Trademark Tussle between Nike and MSCHF

27th September, 2021 - 12:19 pm Categories: Legal Issues

Commerce, fashion and branding giant Nike got into a trademark tussle yet again as recently as five months ago when Nike sued Brooklyn based MSCHF Product Studio Inc. over its latest launch of the Satan Shoes in collaboration with the Atlanta based artist “L’il Nas X” over his recent release of “MONTERO (Call me by … Continue reading The Satan Shoe Case: An Analysis of the Trademark Tussle between Nike and MSCHF

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Publicity Rights in India: Need for Post-Mortem Recognition

20th September, 2021 - 11:04 am Categories: Legal Issues

Right to Publicity relates to the right to control one’s identity and ensure protection against any unauthorized use. These rights have been traditionally associated and have been regarded as a facet of the right to privacy of an individual. However, lately, these rights have assumed significance in matters pertaining to intellectual property (“IP”). This is … Continue reading Publicity Rights in India: Need for Post-Mortem Recognition

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IP Battle of the Packaging Containers

19th September, 2021 - 5:08 am Categories: Legal Issues

Facts: In a recent ongoing battle between two packaging companies, the Indore High Court, on 01.09.2021, finally passed a judgment in favor of the Defendants. The Defendants, in this case, were represented by Adv. Neeraj Grover was assisted by Abhijeet Deshmukh, Meenakshi Orga, and Suvanagana Agarwal of Khurana & Khurana- IP Advocates and Attorneys. Arguments: … Continue reading IP Battle of the Packaging Containers

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Altpass LLC Files Patent Infringement Suit Against Apple Over iPhone Security Tools

31st August, 2021 - 9:43 am Categories: Legal Issues

Altpass LLC, a non-practicing entity has filed a patent infringement lawsuit against technology conglomerate Apple Inc at the US District Court for the Western District of Texas in August 2021. Altpass contended that certain iPhone security features such as passwords, methods of creating digital signatures, and other technologies behind unlock features, infringed upon patents that … Continue reading Altpass LLC Files Patent Infringement Suit Against Apple Over iPhone Security Tools

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