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  • Article

    Seminal Patents 2 – Integrated Circuits

    Preamble: We live in a scientific and technological world that is so different from the world of a hundred years ago that if someone from that time were to land in our midst today, they are sure to find most things around them magical.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Stakeholders' Meeting Unveils Fascinating Developments

    On September 12th, 2017, the Intellectual property office conducted a meeting with stakeholders.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Standards Applicable To Dilution Cases Different From Those Of Trademark Infringement In Respect To Similar Goods

    In the case of "Shell Brands International AG & Anr. V. Gagan Chanana & Others", the Delhi High Court, while disposing two applications, one by Shell Brands International AG & Anr (Plaintiffs) seeking temporary injunction and the second by Gagan Chanana (Defendants) for stay of the proceedings under Section 124 of the Trademarks Act, 1999, discussed the differences between Trademark Dilution and Trademark Infringement.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Sukhsagar Successful At WIPO Panel

    The WIPO forum is proving to be an effective means for trademark owners to assert and claim their rights over infringing domain names.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    The Elephant In The Room: Analysing The Case Of Girnar Food & Beverages Pvt. Ltd Vs The Registrar Of Trademarks And Anr.

    The main concept of a trademark is that a rational mind can differentiate between the business and goods of different proprietors.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    The Essential Nature Of Cyberspace Mandates Flexible And Efficient Judicial Remedies- High Court Of Bombay

    In the case of Tata Sky Ltd. v Sachin Cody & Ors, the issue arose when Sachin Cody (1st Defendants) launched a website using the domain name "tataskyplushd.com", the 2nd Defendant was the Registrar and the 3rd Defendant facilitated the hosting of the website.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    The Legal Canvas: Asian Paints And The Art Of Trademark Defence

    In today's dynamic global marketplace, trademarks serve as indispensable assets for businesses, distinguishing their offerings amidst a sea of competitors.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    The Mêlée Between Design And Copyright Law In Fashion

    Aspects such as Fashion, where a dedicated statute does not exist, and where aspects from different legislations may be drawn in, often find parties battling the applicability of these to their case.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    The Soaring Reach Of Trademark Protection In The Aviation Industry

    Consequently, the protection and enforcement of trademarks hold particular significance in the aviation sector, where reputation and goodwill directly influence consumer choice and commercial success...
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    The Tea Board, India Loses Its Appeal Against The ITC - High Court Of Calcutta

    In "Tea Board, India (Plaintiff) v I.T.C" (Defendant) an appeal for interlocutory injunction was sought by Tea Board, India against the order of the Learned Single Judge which had found that the Tea Board, India had failed to prove a strong "prima facie" case as to merit an order of injunction.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Upholding Trademark Reputation In Counterfeit Markets

    The problem of counterfeit goods has grown into a major global concern, affecting brand owners, consumers, and markets alike. Counterfeit products, ranging from apparel...
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    YEZDI Motorcycle vs YEZDI Footwear – Delhi High court Prima Facie Decides Against YEZDI Motorcycle

    It is no doubt that YEZDI motorcycles are still very popular and are available for resale in the after sale market and there are number of YEZDI fan and bike clubs in existence in several cities of India.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    ´Peterscot´ In Trademark Fray

    The case, Khoday Distilleries Limited v. Scotch Whisky Association & Ors2008 (36) PTC 315 (Mad.) (DB), is the result of an appeal filed under Sec. 109 of the Trade and Merchandise Marks Act, 1958 against the order of the learned Single Judge in T.M.A No.3 of 1989; and also the order passed by the learned deputy Registrar of Trade Marks allowing the Rectification application No. MAS-300 which directed the removal of the Registered Trade Mark No. 273203 of the appellant consisting of the words ‘PE
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    “Hamdard” Hails Through In Its Infringement Suit

    The disputes surrounding pharmaceutical product names or companies are not new to India. Of late, Cadila in a row against three companies using similar names was decided against in an infringement matter.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    “Hari Puttar” Succeeds: Warner’ Injunction Plea In Vain

    In the much talked about suit "Warner Bros. Entertainment Inc. v. Harinder Kohli and Ors." [IA No.9600/2008 in CS(OS) 1607/2008] Warner Bros. to Delhi High Court to seek an interim injunction on the use of the title “HARI PUTTAR”.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Delhi High Court Injuncts Unauthorised Audio Broadcast Of ICC World Cup By Various Websites And Radio Channels

    Giving tough competition to the climate, the Cricket World Cup Fever is soaring high on the temperature scale. Every brilliant shot is already in the headlines
    IndiaMedia, Telecoms, IT, Entertainment
    Lex Orbis
    Lex Orbis
  • Article

    Stay Order Against Fact Check Unit Under Press Information Bureau Issued By Supreme Court Of India

    On March 22, 2024, the Supreme Court of India issued stay orders against the proposed Fact Check Unit under the Press Information Bureau (PIB)...
    IndiaMedia, Telecoms, IT, Entertainment
    Lex Orbis
    Lex Orbis
  • Article

    Privacy And Public Health: A Line To Be Defined In Between

    "Privacy" is a dynamic concept that has been attempted to be explained but has still not been defined exhaustively.
    IndiaPrivacy
    Lex Orbis
    Lex Orbis
  • Article

    ‘Jayalalitha: A Portrait’– A Tussle Between Fundamental Rights

    India, being the world’s largest democracy, is also perhaps one of the richest cultures where literature, fine arts and the performing arts have had great prominence since time immemorial.
    IndiaPrivacy
    Lex Orbis
    Lex Orbis
  • Article

    Note On The Cryptocurrency And Regulation Of Official Digital Currency Bill, 2021

    The Cryptocurrency and Regulation of Official Digital Currency Bill, 2021, will be introduced in the next session of the Parliament this year beginning November 29.
    IndiaTechnology
    Lex Orbis
    Lex Orbis

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