Tag: infringement

A Critical Analysis On The Determination Of Copyright Infringement In Sound-Alike Songs With Reference To “Ed Sheeren Vs Sami Chokri

Introduction Humans and music have been entwined from the beginning of time. Various kinds of expression are subject to an identical criterion for copyright infringement. However, because of its distinctive characteristics, musical expressiveness presents significant difficulties for courts adjudicating infringement issues. Contrary to literature or physical manifestations of art such as paintings and sculptures, music is … Continue reading A Critical Analysis On The Determination Of Copyright Infringement In Sound-Alike Songs With Reference To “Ed Sheeren Vs Sami Chokri

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Case analysis: ISKCON v. ISKCON Apparel Pvt. Ltd.

Introduction According to Investopedia a trademark is any name, sign, design, logo, or symbol that serves to distinguish the goods of one business from those of another[i]. However, Section 2(1)(zb) of the Trade Marks Act, 1999, defines ‘trademark’ as a mark which is capable of being represented graphically and capable of distinguishing the goods or … Continue reading Case analysis: ISKCON v. ISKCON Apparel Pvt. Ltd.

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Invisible use of Trademark as Meta-tag: A case for Infringement under sec 29 of Trademark Act

Introduction In India, section 29 of the Trademark Act (hereinafter, the act) outlines what constitutes a registered trade mark infringement. According to Section 29(4)(c) of the act, anyone who uses a registered trade mark in the course of business without being the registered proprietor or using the mark in accordance with a permit, and who … Continue reading Invisible use of Trademark as Meta-tag: A case for Infringement under sec 29 of Trademark Act

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Diageo Brands v. Alcobrew Distillerie : Why Did the Court Digress from the Judgement of The Great Galleon

Introduction In Diageo Brands B.V. & Anr. vs Alcobrew Distilleries India Pvt the plaintiff Diageo Brands B.V. approached the Delhi HC seeking injunction against Alcobrew Distilleries India Pvt for manufacture and sale of “Golfer’s shot” contenting the design of the bottle/flask to be an infringement of its “Scotch Hipster” range (Registered Design bearing No. 306577). … Continue reading Diageo Brands v. Alcobrew Distillerie : Why Did the Court Digress from the Judgement of The Great Galleon

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Understanding Arbitrability Of Trademarks

INTRODUCTION In its judgement in M/S. Golden Tobie Private Limited v. M/S. Golden Tobacco  Limited[1][2021], the Delhi High Court recently delved into the interpretation of Section 8 of the Arbitration and Conciliation Act, 1996, in regard to trademark disputes. Before delving into the topic of trademark-related arbitrability, it is important to evaluate the existing state … Continue reading Understanding Arbitrability Of Trademarks

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Resolution Mechanism Under Copyright Act 1957

Copyright is a type of licensed innovation security conceded under Indian law to the makers of unique works of creation, for example, scholarly works (counting PC projects, tables and assemblages including PC information bases which might be communicated in words, codes, plans or in some other structure, including a machine decipherable medium), emotional, melodic and … Continue reading Resolution Mechanism Under Copyright Act 1957

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Golden Tobie Ltd. V. Golden Tobacco Ltd

In its judgement in M/S. Golden Tobie Private Limited v. M/S. Golden Tobacco Limited [2021], the Delhi High Court recently delved into the interpretation of Section 8 of the Arbitration and Conciliation Act, 1996, in regard to trademark disputes. Before delving into the topic of trademark-related arbitrability, it is important to evaluate the existing state … Continue reading Golden Tobie Ltd. V. Golden Tobacco Ltd

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Patent Litigation in Malaysia

The main laws relating to patents in Malaysia are the Patents Act 1983 (PA 1983) and the Patents Regulations 1986, which both came into force on 1 October 1986. Malaysia is a common law country and follows the doctrine of judicial precedent. Malaysia is a party to the (i) Paris Convention for the Protection of … Continue reading Patent Litigation in Malaysia

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Design Infringement in Biscuits-making Industry

A sector requires constant innovation and upgradation to survive and sustain in the market and the food sector is no exception to this pre-requisite. With the emergence of new techniques and recipes, Intellectual Property Rights protection has emerged in the food industry. The protection ranges from contents of the advertisements to the recipes and design … Continue reading Design Infringement in Biscuits-making Industry

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Spotify vs Opstify

A Swedish audio streaming and media service provider founded in 2006 by Daniel Ek, Spotify opposed a mark proposed for registration by Opstify Corporation vide the opposition notice dated 13th July, 2021. The former is the world’s largest music streaming service provider with over 356 million monthly active users. According to Trademark Trial and Appeal … Continue reading Spotify vs Opstify

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