Petitioner, a company incorporated in Thailand, engaged in the business of, inter alia, manufacture and distribution of footwear and other related goods.

India enacted the Trademarks Act 1999 and the Trademarks Rules 2002 (effective September 15 2003) to ensure adequate protection for domestic and international brand owners, in compliance with the TRIPs Agreement. Pursuant to the Trademarks Act, a trademark includes inter alia, the shape of goods, their packaging and colour combinations.

In passing off cases, the general test followed by the Courts in deciding whether the get-up of one product is a copy of another is not by placing the two products side by side and counting the similarities or the differences but rather to remember the Plaintiff’s product and then view the Defendant.

The case of Champagne Moet and Chandon vs. Union of India & Ors .was an appeal by Champagne Moet (Petitioner), against an order passed by the Intellectual Property Appellate Board (IPAB) which dismissed Champagne Moet’s appeal against an order passed by the Deputy Registrar of Trademarks (DR).

The printing of guidebooks and associated copyright concerns have cropped up before the Courts for adjudication in multiple instances in the recent times. The case of Syndicate of the Press of the University of Cambridge & Anr v. B.D. Bhandari & Anr [2009 (39) PTC 642] is one such case which addresses the interplay between infringement and fair use vis-à-vis the printing of guidebooks.

Have you ever caught yourself humming Ek Chidiya, Anek Chidiya?

Khoday Distilleries Ltd. (known as Khoday India Pvt. Ltd.) incorporated under the Companies Act, 1956. Manufacturers of whisky under the mark "Peter Scot", a trademark was applied for in May 1968.

Trademarks represent a distinct type of intangible property. It is any device or mark which identifies the goods or services of one party and distinguishes them from competitors.

Brand recognition is an important facet, especially as far as Fast moving Consumer Goods (FMCGs) are concerned. Customers not only make a choice determined by quality and value-for-money, but alongside develop an affinity with regard to the good’s appearance, the get-up and trade dress as well as the trade mark.

In this day and age of digital marketing when brands are constantly on the lookout for new and innovative strategies to optimize their online presence, effective protection of domain names is critical to their efforts.

Section 148 of the Civil Procedure Code (hereinafter referred to as CPC) gives power to the Court for the enlargement of time fixed by it with regard to the doing of an act prescribed or allowed by the CPC.

A question of deceptive similarity of a prominent part of a trade mark cropped up before the Delhi High Court in the case of Max Healthcare Institute Ltd vs Sahrudya Health Care Pvt Ltd.

In Veeplast Houseware Private Ltd (Plaintiff) v Bonjour International & Anr (Defendant), the dispute was with regard to the design of a water jug, which Veeplast Houseware had conceptualized and created.

In the case of Okasa Pharma Pvt. Ltd v Win- Medicare Limited, the issues before the Intellectual Property Appellate Board (IPAB) were two-fold.

As Indian Trademark Jurisprudence adopted the dicta of well-known trademarks, it progressed in making the world a smaller place, vis-à-vis trademarks and Brand significance.

In an interesting turn of events Delhi High Court allowed organizers of "Durga Puja", a hindu festival, to use images from the best-seller, Harry Potter, created by J.K. Rowling.

The Supreme Court recently, in a case titled "Sree Sankaracharya University of Sanskrit and others v. Dr. Manu and another", has explained when an amendment can be held to be a clarificatory which has a retrospective effect.

The world of Fast Moving Consumer Goods, thrives more often than not on their ability to advertise and make the product attractive to consumers at large, comparisons, puffing and praise being common to the exercise.

In a significant development that has sent shockwaves through the online gaming industry, the GST Council recently announced a decision to impose a 28% Goods and Services Tax...

As offices go digital and employees switch to paperless offices, one constant fear haunting the employers is: what if their employees are aiding and abetting snooping and transferring treasured data to their competitors.