Case 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…
Trademarks
811 articles
E-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…
Weekly 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…
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…
Grounds 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…
Well 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…
How 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…
Are 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…
Fundamentals of IP and Licensing – A Presentation by Dr. Kalyan Kankanala at IIMB
Dr. Kalyan Kankanala examines fundamental aspects of intellectual property and licensing, emphasising practical and legal nuances. The presentation highlights various IP types and focuses on music licensing as…
“Who Owns the Goodwill in a Mark?”- Coin Flips in Favour of the Manufacturer
This post explores the legal principles governing trademark goodwill ownership in India through the Double Coin case. It objectively analyses the court’s reasoning and the implications for disputes…