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Author: Anay Amin

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The Supreme Court of United States (further referred as SCOTUS) in its June term resolved the longstanding issue of protecting generic domain names and trademarks. Over the past week, since the opinion was published on June 30th, the SCOTUS’s booking.com ruling has rocked the trademark world and has forced lawyers and practitioners to rethink the obvious question: “will my generic or descriptive trademark ever be protected? Will it ever receive that holy ® symbol?” The SCOTUS answers in affirmative. The...

The Madras High Court settled a long-standing dispute between ITC and Nestle which involved their use of generic and laudatory words to describe their product line of instant noodles. The case was titled as Civil Suit 231 of 2013 and was filed by ITC in the High Court Madras. After an 8 year long battle the court held that the words “Magic Masala” are common to trade and laudatory and nobody can claim monopoly over the words. ITC alleged that...

  IP prosecution and application stages before IP registry not affected by limitation; confirms Delhi High Court. The High Court of Delhi, vide order dated 11.05.2020 in W.P. (C) No. 3059/2020, suspended the public notice dated 04.05.2020 issued by Controller General of Patents, Designs and Trademarks (CGPDTM). On previous occasions, the CGPDTM had also issued similar notices which in sum and essence stated that any limitation with regard to payment of fees, filing reply etc. that expired within the lockdown period shall...