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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...

The Hon'ble Controller General of Patents, Designs and Trademarks (CGPDTM) vide its notification dated May 18, 2020 had extended the period or timeline for completion of various...

With the regular expansion of IP offices, China National Intellectual Property Administration has recently approved the opening of Intellectual Property protection centers in Liaoning, Jilin, and Changchun which increases ...

Ciba Inc. in a move against Sequent [Ciba Inc. & Anr. v. Sequent Scientific Ltd & Ors. Notice of Motion No.3472 OF 2009 in Suit No.2501 of 2009] alleged them for breach of confidentiality before the High Court of Bombay.

The definition of design as mentioned in the Indian Designs Act specifically excludes trademark and relying on this exclusion, the Delhi High Court in a passing off suit filed by Crocs agreed with the prohibition contained in ...

On 18 May 2020, the Controller General of Patents, Designs and Trade Marks (Respondent) issued another Public Notice.

In India, an application for registration of design is filed to protect the aesthetics of a product, therefore, the images that are filed along with the design application becomes the most important basis for the Examiner at the Designs Office to decide on the novelty.

In the matter of Intellectual Property Attorneys Association and Anr v Controller General of Patents, Designs and Trade Marks and Anr, W.P.(C) No 3059/2020, the Delhi High Court passed an order dated 11 May 2020 ...

On 4th December 2020, the IPAB, Delhi passed an interim stay of operation on the trademark registration of the word "N95"- with registration number 4487559 in class 10.

In a suit for trademark infringement filed by the religious organisation, ISCKON (International Society for Krishna Consciousness), The Bombay High Court declared that "ISCKON"...

The debate regarding strict interpretation of law versus a flexible approach is never ending.

Passing off, a form of tort, the substantive law of which is based on common law with the object of protecting some form of property is no where defined in the Trade Marks Act, 1999 though is referred to in ss. 27(2), 134(1)(c) and 135.

The suit filed by the plaintiff is for injunction and damages for passing off and unfair competition. The plaintiff in their plaint relies on two factors for want of jurisdiction of the court to try and entertain the suit. The first being that the defendants have applied for registration of their trademark GEODON and ZOLOFT in Delhi in the Trade Mark Registration which is in the jurisdiction of this court.

Slogan carry the philosophical burden of a brand. Slogan conveys the message of the business alongside the brand and at times it is the brand or more important than the brand.

It is a well settled law, as given in various decisions of the court, in situations where trademark was registered during pendency of the suit for passing off, subsequent amendment in the plaint was allowed by the courts and the parties were permitted to incorporate the claim of infringement of trademark in the plaint.

Deceptive similarity of marks is commonly argued by attorneys in the cases of trademark infringement and/or passing off.

The High Court of Delhi held in July 2018 that the designer's red sole is not protectable as a trademark in India