Celebrating 20 Years of IP Excellence

The Custom image reads "Comments on the Draft Trademark Rules, 2015". The post is about the Comments and suggestion submitted to the DIPP on the new proposed TM rules. To read more click here.

Comments and Suggestions on the Draft Trademark Rules, 2015 

The Ministry of Commerce and Industry, Department of Industrial Policy and Promotion ("DIPP") issued a notification on November 19th, 2015 publishing the draft Trademark (Amendment) Rules, 2015 ("Draft Rules") seeking to amend the Trademark Rules, 2002 ("Trademark Rules"). The proposed Draft Rules seeks to simplify the complex registration process. The objective of the Draft Rules is to create a more organised system of filing applications which will result in the efficient processing of applications. In light of this, it…

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The custom image reads World best IP blogs - Likelihood of Confusion. The post is about Likelihood of Confusion blog. To read more click here.

World’s Best IP Blogs – Likelihood of Confusion

Dear readers, we hope you are enjoying this series on the World’s Best IP blogs. The blog that makes it to our list of “Worlds Best IP blogs” today is called - Likelihood of Confusion. In legal terminology Likelihood of Confusion (or Confusing Similarity) is the legal standard that determines whether or not trademark infringement has occurred. The specific standard itself is defined by a vast body of law and varies jurisdiction by jurisdiction. This blog was launched by Ron…

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The featured image is of lord Ram his wife Sita, the devotee Hanuman and Rama's three brothers (Lakshmana, Bharata and Shatrughna). The post is about a trademark case involving a religious trademark. To read more click here.

Don’t take the God’s name in vain

  “You cannot take ‘advantage’ of me”, Sita must’ve said to Ravan.   And not surprisingly at all, the Honourable Supreme Court of India feels strongly for the sentiment. As was seen on the 27th of October, 2015 when the division bench comprising of J.Gogoi and J.Agrawal observed that using images of Gods and Goddesses as a part of a logo/label would be “taking advantage of the Gods and Goddesses” which wouldn’t be permitted. The SC also ruled that names of holy…

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Intellepedia - IP News Updates

Intellectual Property and Licensing- A presentation by Dr. Kalyan C. Kankanala at IIM-B

This presentation was delivered by Dr. Kalyan C. Kankanala to PGP-Enterprise Management students at IIM-Bangalore, as a part of their Business Law curriculum. The presentation entitles Intellectual property and Licensing covered the following topics- Idea- What is an idea, example, whether all ideas can be protected. Patent- What is a patent, term of a patent. Protection Strategy Spectrum Licensing Copyright- What is copyright, idea/ expression dichotomy, term of copyright. Protection with respect to copyright…

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Trademark Infringement

Pidilite Industries vs. Vilas Nemichand Jain.

This post discusses a recent case update with regard to prior use of a descriptive trademark. The case presents an interesting aspect of trademark law, i.e., when claiming for passing off action of a descriptive trademark, the Plaintiff must provide convincing evidence to establish the prior use and the secondary meaning which has been acquired for the trademark. The case described herein was filed on 26th July 2010 before the High Court of Bombay, by two companies namely, Pidilite Industries Limited…

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Trademark Infringement

The Indian Express case

  In October this year, the Bombay High Court passed its decision in the case between The Indian Express Limited and Chandran Prakash Shivhare, the publisher and distributor of a journal called "Indian Express" filed before the Bombay High Court in the year 2010, to seek an injunction against the Defendant, and to restrain them from using  the title ‘Indian Express’. The crux of this case was whether a registered trademark could be infringed by the use of the identical mark which had…

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Intellepedia - IP News Updates

Draft Trademark (Amendment) Rules, 2015: Yay or Nay?

On 19th November, 2015 Draft Trademark (Amendment) Rules, 2015 were issued by the Ministry of Commerce and Industry (MCI). The Rules are intended to amend the current Trademark Rules, 2002 and have proposed a complete revamping of the same. The rules propose the trademark filing fee to be doubled, which means a hundred percent hike in official charges. The Digital India initiative has gone a step further, by discouraging physical filing of Trade Mark applications. The applicants will be required…

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The image depicts the logo of Google. This image is relevant as the post is about Google Street View. To read the post click here.

Trademark Infringement on E-Commerce platforms: Google AdWord case

Google is the world’s most famous search engine. Google's mission is to “organize the world’s information and make it universally accessible and useful.” The major portion of Google's profit is through its highly successful program AdWords, which provides advertisers advertising space for related searches. AdWords is a program that helps companies to advertise and promote their products or services on Google’s websites. The program works by providing highly relevant ads and suggestions to third party users when they enter keywords…

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royal enfield

Trademark Infringement on Ecommerce Platforms- Royal Enfield v. ebay.in

This post will discuss another trademark infringement case in the ecommerce market in India. Recently, in October this year, Eicher Motors Ltd, which manufactures and sells the Royal Enfield bike, filed an infringement suit against Saurabh Katar and Kuldeep Singh, for infringing their trademark ENFIELD, ROYAL ENFIELD and BULLET. The suit filed before the Delhi High Court, also claimed infringement of copyright of the logos and the website of Eicher Motors Ltd. Eicher alleged that Saurabh Katar and Kuldeep Singh were…

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The image is the logo of Amazon. The post is about the invalidity of single click patents. Click on image to view post.

Multi Time Machine, Inc. v. Amazon

One can always see a lot of advertisements, while performing a google search or just about any search on other search engines. Advertisements, and more recently, keyword advertising are a major source of revenue generation for search engines. The case that we are about to discuss, is something that nobody ever anticipated to happen. Multi Time Machine Inc, (MTM) manufactures watches, specifically special ops watches and high-end tactical watches. It sells them on its own website and through its various…

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