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  • Article

    Courts Tend to Weighs More on ‘Usage’ Than On Registration of Mark

    The basic facet of a trademark is to express the bondage of the product with the manufacturer/user of the mark.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Delhi High Court Bars Use Of 'Vigoura' To Protect Pfizer's Brand 'Viagra'

    The Delhi High Court, through its judgment in the case of Pfizer Products Inc. v. Renovision Exports Pvt. Ltd. and Anr CS(COMM) 378/2018, dated May 1, 2024, has decreed the suit in favour of the US-based drug major Pfizer Products Inc.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
Article

Olfactory Trademarks - A Need To Create A Space For Its Sense!

Smell means to perceive the odour or scent of something through stimuli affecting the olfactory nerves. Smell is said to be one of the most potent types of human memory and it has the ability to conjure up images and initiate memories in a person’s mind.
IndiaIntellectual Property
Lex Orbis
Lex Orbis
  • Article

    Raising New Grounds In Hearing Notice Not Permissible: Delhi High Court Rules

    In any patent proceeding before the Controller of Patents, providing a reasonable opportunity to contest any objection adverse to the grant of a patent is the sine qua non of fairness.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Regulatory Framework In India For Fast-Track Mergers Of Certain Types Of Companies

    The regulatory framework governing the mergers of certain types of companies is set out in Section 233 of the Indian Companies Act, 2013 ("Act") and Rule 25 of the Companies...
    IndiaCorporate/Commercial Law
    Lex Orbis
    Lex Orbis
  • Article

    Adobe Awarded Remedy: Rathi To Render Damages

    Deceptive Similarity now extends itself beyond trademarks to the realm of domain names as well. While the principles that apply to both are similar, the jurisprudence to extending such principles seems to lie in the fact that web addresses are increasingly becoming an extension of a product or brands identity.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Allahabad High Court Directs Trial Court To Decide Issue Of Maintainability Of Suit

    In the case of "J.P. Engineering Works, through its proprietor" (Appellant) vs. "Manoj Jain and Anr." (Respondent), the Allahabad High Court was faced with the question of whether a suit in respect of infringement of a trademark would be maintainable, when the said trademark has not been allotted by the competent authority in favour of the Plaintiff.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    BDA Fails For Want Of Misrepresentation

    In a suit involving two marks, used for brands of whisky, an interim injunction was filed for before the Delhi High Court.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Breaking The Code: Bentley Systems Inc & Anr vs Pushparaj Kandaswamy & Anr

    As technology continues to advance at a rapid pace, the surge in intellectual property infringement cases - ranging from copyright disputes over software to trademark violations - has never been more
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Can Artificial Inventor Own Invention?

    Artificial Intelligence (AI) is a robot or machine that thinks like humans and mimics actions of human cognition such as speech, perception, vision, and even decision making.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Court Reiterates Relief Of Passing Off In Unregistered Marks

    One of the prime motives of the trademark is to reflect the link between the product and the producer or manufacturer. Registration is not an essential factor for the protection of the trademark. But registration entitles the registrant to seek infringement where as if the mark is not registered, the remedy lies in passing off.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Delhi High Court Rules: Intention Behind The Assignment To Be Perceived

    Deciding the case of M/s International Film Distributors v. Sh. Rishi Raj [FAO (OS) No.81/2002] the Court opining on the relevance and ambit of an assignment stated: “It is common knowledge that with the passage of time the television rights have assumed great importance. Whenever an agreement therefore has been arrived at the intention of the parties cannot be lost sight of. The intention of the parties will spell as to what exactly was agreed and intended to be performed by the parties.”
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Future Of E-Cigarette Patent Applications In India After The Nationwide Ban On E-Cigarettes

    The Indian Government has recently imposed a ban on electronic cigarettes (ecigarettes) by passing the Prohibition of Electronic Cigarettes...
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Grant Of Patents Does Not Guarantee Validity

    The Patent Act, 1970 warrants that a patent shall be granted as expeditiously as possible provided the application for a patent has been found to be in order for grant. But the moot question is whether the grant of patent attaches any presumption in favour of validity of patent.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Impact Of Digitisation On Reproduction Right: How Fair Are Access Control Measures?

    Right of reproduction is one of the most important rights of the copyright holder.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Impression vis-à-vis Physical Design Tested

    A recent Civil Suit filed by Dabur India Ltd. against Emami Ltd. over the dispute of the similarity in the design of their product is a case in point regarding the impression created by a design and its alleged infringement.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    "Interested Person" Under The Copyright Act, 1957

    One of the important criteria for obtaining registration under the Copyright Act, 1957 is that, the application must include a statement accompanied by a certificate from the registrar to the effect that no trademark identical or deceptively similar to such artistic work has been registered under the Trademark Act.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Interim Injunction Vacated in View of Phonetic and Visual Divergence

    Likelihood of confusion is propounded to arise in situations where consumers are likely to be confused or mislead about the origin of two similar marks, used by two different entities.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Medicine Patent Pool (MPP) And Its Role In Battling COVID 19

    The outbreak of COVID-19 has resulted in several innovations in various technologies.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Movie Titles Entitled To IP Protection?

    As a popular saying goes, first impression is the last impression - when it comes to movies what better for a first impression than a striking title. A title that is catchy and unique finds an instant place in the minds of the audience.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Showing 621–640 of 1061 results

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