Indian courts | Intellepedia

Trans-border Reputation of Well Known Marks – Part IV

The post provides an analytical overview of transborder reputation for trademarks in India, discussing legal requirements and court approaches. It highlights the evidentiary standards foreign entities must meet to establish reputation and enforce rights against Indian businesses.

Trademarking the Name of God? Huh! – Part 3

This post analyses Indian legal cases on trademarking the name of God, particularly focusing on Attukal Bhagavathy Temple’s trademark registrations. It examines ongoing legal debates about the commercial use of religious symbols and unresolved issues in Indian trademark law.

Doctrine of unclean hands- Now a defense in trademark infringement!

The Bombay High Court has introduced the doctrine of unclean hands as a defense in trademark infringement matters. If the plaintiff’s mark imitates another, relief may be denied. This ruling reshapes litigation strategies in Indian trademark law.

Bajaj-TVS Litigation

The Bajaj-TVS litigation explores the complexities of enforcing patent rights in the Indian motorcycle industry. Courts examined the validity and scope of patents, ultimately finding the technologies distinct and lifting the interim injunction. This case provides insight into judicial reasoning in Indian patent disputes.

Are Kajal Agarwal’s Publicity Rights Subservient to Copyrights?

The Madras High Court’s judgment in Kajal Agarwal’s case raises critical questions about the interplay between publicity rights and copyright in endorsement videos. This post analyses the court’s approach and underscores the importance of securing both copyright and publicity rights permissions in such transactions.

Sound Recording, Literary & Musical Works and Right to Royalty – Part 4

This article examines the complex relationship between sound recordings and underlying musical and literary works under Indian copyright law. It discusses how recent court decisions shape royalty rights, emphasising the continued entitlement of lyricists and composers when rights are not expressly assigned.

Sephora Cosmetics prevail over footwear, British MNC GlaxoSmithKline wins trademark infringement suit against GSK and more.

This weekly update examines key Indian trademark disputes, including Sephora’s resolution with a local footwear business and GlaxoSmithKline’s legal victory over GSK Life Sciences. It also discusses the Bombay High Court’s rationale in dismissing Vogue’s infringement suit.

Intellectual Property (IP) in India: A Decade of Progress Part 16

This post examines ten years of intellectual property litigation statistics in India, focusing on patent, trademark, and copyright decisions by the Supreme Court and High Courts. The analysis highlights key trends and fluctuations in the volume of cases during 2004–2014.

Liability of E-Retailers – A Copyright Battle

This article analyses the copyright dispute involving Flipkart and Westland over exclusive book sales. It discusses the legal complexities of intermediary liability for e-retailers in India and reviews recent court actions, underscoring the need for judicial clarity.

“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 between manufacturers and sellers, providing clear legal insight.