This article critically analyses whether intellectual property laws truly foster creativity, focusing on inventor motivations and patent incentives in India. It discusses empirical findings and contrasts financial rewards with non-monetary incentives within the current IP regime.
Read more about Role of Intellectual Property in Promoting CreativityCategory: Trademarks
Existing Trademark blocks Apple Watch sale in Switzerland
Apple cannot launch the Apple Watch in Switzerland due to a prior trademark owned by Leonard, covering both the name and logo. This restriction highlights the legal challenges of international intellectual property enforcement.
Read more about Existing Trademark blocks Apple Watch sale in SwitzerlandCase Brief: Shamnad Basheer v. Union of India & Others
This case brief examines the Madras High Court decision in Shamnad Basheer v. Union of India regarding the constitutionality of IPAB appointments. The judgment highlights the importance of judicial independence and proper selection criteria for tribunal members under Indian law.
Read more about Case Brief: Shamnad Basheer v. Union of India & OthersE-commerce Retailers face flak over alleged Counterfeits by Vendors
Indian e-commerce retailers are facing increasing scrutiny over the sale of counterfeit goods by vendors, leading to significant legal challenges. The post analyses recent court cases and the proactive steps taken by leading platforms to protect intellectual property rights in India.
Read more about E-commerce Retailers face flak over alleged Counterfeits by VendorsWeekly IP Warm-UP!
Weekly IP Warm-UP covers notable intellectual property law updates, including copyright and patent litigation, music industry developments, and trade secrets cases. The post analyses recent legal changes and court decisions with clarity and factual accuracy.
Read more about Weekly IP Warm-UP!Understanding the Doctrine of Foreign Equivalents – Part 1
This post examines the doctrine of foreign equivalents in trademark law, focusing on its use in assessing confusion and descriptiveness of foreign word marks. The analysis covers legal standards, key cases, and the doctrine’s practical limitations.
Read more about Understanding the Doctrine of Foreign Equivalents – Part 1Grounds for Refusal of Trademark Registration – Part II
This post discusses Section 9(2) of the Trade Marks Act, 1999, examining key grounds for refusing trademark registration in India. It covers deception, religious susceptibilities, obscenity, and legal prohibitions in trademark law.
Read more about Grounds for Refusal of Trademark Registration – Part IIWell Knownness of a Trademark – Part II – Popularity among Substantial Segment of Public
The post analyses the legal benchmarks for establishing a trademark as well known, emphasizing the necessity of recognition among a substantial segment of relevant consumers. It discusses case law and evidentiary standards required to demonstrate such reputation in Indian trademark law.
Read more about Well Knownness of a Trademark – Part II – Popularity among Substantial Segment of PublicHow to Determine Well Knownness of a Trademark – Part 1 -Trade Marks Act, 1999
This post discusses the key statutory and judicial factors for determining the well knownness of a trademark under the Trade Marks Act, 1999. It highlights the legal criteria and relevant case law, emphasising the need for jurisdiction-specific evidence.
Read more about How to Determine Well Knownness of a Trademark – Part 1 -Trade Marks Act, 1999Are Applicants Allowed to Later Refute Their Own Submissions at TM Prosecution?
The Delhi High Court recently ruled that applicants cannot later refute their own submissions made during trademark prosecution. The judgment underscores the significance of consistent representations, especially concerning generic terms in trademark disputes within the news industry.
Read more about Are Applicants Allowed to Later Refute Their Own Submissions at TM Prosecution?