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Author: Anay Amin

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On 13th February 2021, the Government of India introduced a bill in the Lok Sabha that was titled as the Tribunals Reforms (Rationalization and Conditions of Service) Bill, 2021. Through the introduction of this Bill, the Government is seeking to abolish various tribunals (including the Intellectual Property Appellate Board) and transfer their functions back to the country’s High Courts. The introduction of the said Bill was quite unprecedented and sudden as it was introduced in the Parliament without consultation with...

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...