Category: Trademark

SEVEN TOWNS V. KIDDLAND: DELHI HIGH COURT ON TRADE DRESS PROTECTION

12th November, 2016 - 5:51 am Categories: India News & Updates Trademark Trademark Litigation

The concept of trade dress, although closely associated with trademarks is not explicitly recognized in Indian legislations unlike its U.S.A. counterpart. In Indian context, upon looking closely at the definitions of “mark” and “package” under S. 2 of the Trade Marks Act, 1999 we see that the trade dresses are also protected. To define it, … Continue reading SEVEN TOWNS V. KIDDLAND: DELHI HIGH COURT ON TRADE DRESS PROTECTION

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Trademark/ Copyright and Patents Suits/ Civil Proceedings: Why Non-uniformity in Jurisdictions Available to Plaintiffs?

17th June, 2016 - 12:20 pm Categories: Copyright Copyright Infringement India News & Updates Patents Trademark

Section 62 of the Copyright Act, 1957, Section 134 of the Trademark Act, 1999, Section 104 of the Patents Act, 1970 and section 20 of Code of Civil Procedure (CPC), 1908 govern the applicable jurisdiction to file suits/ civil proceedings in case of Copyright, Trademark and Patent disputes. These sections have been reproduced below: For … Continue reading Trademark/ Copyright and Patents Suits/ Civil Proceedings: Why Non-uniformity in Jurisdictions Available to Plaintiffs?

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Analyzing the Applicable Jurisdiction for Trademark and Copyright Disputes

14th June, 2016 - 5:12 am Categories: Copyright Copyright Infringement India News & Updates Trademark

Years 2015 and 2016 have been very important in terms of what they have offered to bring clarity on the jurisdiction where suits/ civil proceedings related to Trademark and Copyright can be instituted. IIPRD has written one article discussing some of these cases. Intent of the instant article is not to discuss facts of those … Continue reading Analyzing the Applicable Jurisdiction for Trademark and Copyright Disputes

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Era of Start-Ups in India-ease in Intellectual Property Registration to be Decisive Factor

25th May, 2016 - 12:19 pm Categories: Design India News & Updates Patents Trademark

There have been many developments recently that have streamlined the of registration of Intellectual Properties (IPs) of Start-Ups. This article discusses the chronological events and the latest position on the IP registration of Start-Ups. Under the ambitious plan, ‘StartUp India, StandUp India’, Government of India launched Scheme for Facilitating Start-Ups Intellectual Property Protection (SIPP). This … Continue reading Era of Start-Ups in India-ease in Intellectual Property Registration to be Decisive Factor

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Notification Related to Abeyance of Mass Abandonment Orders: A Sigh of Relief to Trademark Applicants

19th April, 2016 - 4:28 am Categories: India News & Updates Trademark

Reportedly, the Trade Mark registry has abandoned huge number of trademark application since 28th March 2016. The Intellectual Property Attorneys Association, an organization based in Delhi, filed writ petition at Delhi High court alleging that the trademark registry has cancelled an unusually huge number of trademark applications without issuing notices to the applicants or their … Continue reading Notification Related to Abeyance of Mass Abandonment Orders: A Sigh of Relief to Trademark Applicants

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IP Workshop held at Hotel Hilton, Jaipur

25th March, 2016 - 12:39 pm Categories: India News & Updates Patents pharma Trademark

IIPRD in association with Khurana and Khurana, Advocates and IP attorneys has recently conducted an IP Workshop on 8th of February, 2016 at “Hotel Hilton”, Jaipur. Hereinbelow are the snapshots of activities conducted at the workshop – As a part of our ongoing Educational and Awareness Programme on IPR, IIPRD takes pride to have successfully … Continue reading IP Workshop held at Hotel Hilton, Jaipur

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IP Workshop held at Courtyard By Marriott, Bhopal

25th March, 2016 - 12:29 pm Categories: Copyright India News & Updates Patents Trademark

IIPRD in association with Khurana and Khurana, Advocates and IP attorneys has recently conducted an IP Workshop on 30th of November, 2015 at “Courtyard By Marriott”, Bhopal. Hereinbelow are the snapshots of activities conducted at the workshop – As a part of our ongoing Educational and Awareness Programme on IPR, IIPRD takes pride to have … Continue reading IP Workshop held at Courtyard By Marriott, Bhopal

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Interpretation of the Term “Aggrieved Person” Under Section 47 of Trade Mark Act, 1999

17th March, 2016 - 6:46 am Categories: India IPAB IPAB Decisions News & Updates Trademark

The Hon’ble High Court of Delhi in the case Adidas AG v Union of India and Anr vide W.P.(C) 3125/2013 set aside the impugned ex parte order by IPAB dated 28th December 2012 and remanded the matter to IPAB for fresh consideration. BRIEF FACTS OF THE CASE: In the instant case, Petitioner has trademark “RESPONSE” … Continue reading Interpretation of the Term “Aggrieved Person” Under Section 47 of Trade Mark Act, 1999

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Jurisdiction of Courts Under Section 62 of the Copyright Act and Section 134 of the Trademarks Act

14th March, 2016 - 12:54 pm Categories: Copyright Copyright Litigation India News & Updates Trademark

The Hon’ble Supreme Court of India in “INDIAN PERFORMING RIGHTS SOCIETY LTD. Versus. SANJAY DALIA AND ORS”: (2015) 10 SCC 161 and the Hon’ble Division Bench of Delhi High court in ULTRA HOMES CONSTRUCTION PVT. LTD Versus PURUSHOTTAM KUMAR CHAUBEY & ORS FAO (OS) 494/2015 & CM 17816/2015 has interpreted Section 62 of the Copyright … Continue reading Jurisdiction of Courts Under Section 62 of the Copyright Act and Section 134 of the Trademarks Act

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Make the Most of Dynamic Trademark Utilities from Trademark Registry (TMR) India

12th February, 2016 - 5:48 am Categories: India News & Updates Trademark

This article discusses at length the importance of each dynamic trademark utility from TMR so that each reader can make most out of it. Order in which they are discussed do not signify anything and have been discussed in random order. Disposal & Notices With this utility, one can understand expedited, normal and total applications … Continue reading Make the Most of Dynamic Trademark Utilities from Trademark Registry (TMR) India

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