Toshiba is one of the largest manufacturers of Heavy Electrical apparatus in Japan. The establishment started in the name of Shibaura Engineering Works in the year 1857 and later changed its name to Kabushiki Kaisha Toshiba (for short, TOSHIBA).

Blockchain, the new buzzword in the technology space has been gaining traction among various industries.

E-commerce has given a fillip to businesses and made global marketplaces accessible at the tip of the consumers' fingers. Such ease of access has been the bedrock of fintech companies, online marketplaces...

A design that is to be registered is to be applied to any finished article that may be judged solely by the eye.

A word trademark is inherently distinctive when it is an invented or coined word and the uniqueness of its distinctiveness can be diluted if used by others in an unauthorized manner. But the pertinent question here is that what is the time limitation to bring a passing off action against the unauthorized use of the trademark.

The Intellectual Property Appellate Board (IPAB) has recently rejected the appeal of Jones Investment Co. Inc., A US Company, challenging the order of the Registrar of Trade Marks, dismissing the opposition filed by US Company against the registration of trade mark JONES label by Indian party trading as Vishnupriya Hosiery.

In the case of Shyam Traders v Spatial Commercial (P) Ltd. an application for the removal of a trade mark had been filed to stay/ restrain the effect and operation of the registered trademark during the pendency of the rectification application.

Interlude Technologies in pursuance of its suit for permanent injunction, filed an application for the grant of an interim injunction to restrain the infringement of copyright, passing off, unfair competition, rendition of accounts, delivery up and damages.

Ai Wewei is a Berlin-based Chinese artist.

Jayanta Lamp Industries Private Limited v Orient paper and Industries Limited, was a suit of alleged passing off by Orient Paper and Industries Limited (Defendant) of "ORIENT" electric lamps as those of Jayanta Lamp Industries Private Limited (Plaintiff).

It is now been almost two years the first compulsory license was granted by the Controller General of India to Natco Pharma Ltd., an Indian generic drug manufacturer.

Sometime it happens in trademark disputes that the impugned mark is an indicator of a trade source which is entirely different from the first i.e. the businesses and the goods are completely different bearing the same trade name/mark.

Trademark protection has taken a central place in a business activity now a days. The poignant reason to this development is that a mark is an identifying tool for the trade origin of the products. No business would want a competing business activity to reap from the reputation and goodwill it has built up all through the years.

The doctrine of ‘Delay or Laches’ is normally a good defence for intellectual property infringement. As it is said, ‘equity aids the vigilant and not those who slumber on their rights’.

The objective of awarding damages is to put back the plaintiff in the original position. The aim of awarding punitive damage is to punish the defendant for the wrong done. It is interesting to observe the parameters laid down by the Court in awarding damages.

Sec. 61(1) of the Copyright Act, 1957, dealing in the subject of owners of Copyright being party to proceedings reads:

The IPAB was formed in 2003 under the provisions of the Trademarks Act, 1999 to expedite the disposal of trademark appeals and rectification/cancellation cases by an expert tribunal.

The Delhi High Court, through its decision dated October 18, 2023 (Delhi Public School Society v. Aviral Education Welfare and Cultural Society), restricted the defendant school, Delhi Public School, Sahibabad...

John Doe orders are passed to enable the seizure of infringing goods wherever they may be located and operate against any potential defendant, who is subsequently identified as the counterfeiter/infringer.

Every trademark has a tendency to identify the goods sold under them as emanating from a particular source. This tendency with the efflux of time gets strengthened and a particular trademark gets registered or mentally associated in the minds of the consumers as distinctive of the product and its source. It can also be referred as ‘strength’ of the mark.