Generic name as Domain and its Protection under Trademark law

Generic name as Domain and its Protection under Trademark law Introduction: The new era of e-age is loaded with information and knowledge and domain name is an integral part of the whole system. Domain names are the internet Protocol address which leads you to find your subject easily, leading to that exact particular page. People… Continue reading Generic name as Domain and its Protection under Trademark law

Patentability Guidelines for Software in India

Patentability Guidelines for Software in India ‘Inventions are the bedrock of Innovation’, powerful new IT technologies are now developing, paving the way for innovation in the next several decades. It’s happening simultaneously in software, hardware and other computer related inventions. The Computer software comprehensively includes computer programs, libraries and related non- executable data, such as… Continue reading Patentability Guidelines for Software in India

Trademark: Descriptive or Generic, Distinctiveness Rules its Fate

Trademark: Descriptive or Generic, Distinctiveness Rules its Fate 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… Continue reading Trademark: Descriptive or Generic, Distinctiveness Rules its Fate

Public outcry makes TM Fair & Lovely Unfair: HUL to delete word FAIR from its brand

Public outcry makes TM Fair & Lovely Unfair: HUL to delete word FAIR from its brand In the recent news, Hindustan Uniliver has taken a massive step towards rebranding of its popular ‘FAIR & LOVELY’ range by dropping the word FAIR from the same. Though the step is being seen in light of the recent… Continue reading Public outcry makes TM Fair & Lovely Unfair: HUL to delete word FAIR from its brand

Madras High Court reaffirms the law on generic and common trademarks

Madras High Court reaffirms the law on generic and common trademarks 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… Continue reading Madras High Court reaffirms the law on generic and common trademarks

Damages in IP Infringement Cases

Damages in IP Infringement Cases The tradition of awarding damages to the IP right holder has got a boost as many High Courts have awarded punitive damages in variety of forms apart from monetary compensation.In a recent judgement of Hon’ble Delhi High Court in Reckitt Benckiser (India) Pvt. Ltd Vs. Mohit Petrochemicals Pvt. Ltd. &… Continue reading Damages in IP Infringement Cases

IP applications and cases before IP registry not affected by limitation; confirms Delhi HC

IP applications and cases before IP registry not affected by limitation; confirms Delhi HC 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… Continue reading IP applications and cases before IP registry not affected by limitation; confirms Delhi HC

Functioning Of The IPAB During COVID-19

Functioning Of The IPAB During COVID-19 On 6th May 2020, The Intellectual Property Appellate Board (IPAB) released an Office Order F. No 18013/4/2017-IPAB-Pt. The Office order contained important information about the functioning of the IPAB during these trying times. Thereafter, on 7th May 2020 the chairman of the IPAB, Justice (Retd.) Mr. Manmohan Singh presided… Continue reading Functioning Of The IPAB During COVID-19

For breach of consent decree in a patent infringement suit: Defendant ordered for planting 1.4 lac trees

For breach of consent decree in a patent infringement suit: Defendant ordered for planting 1.4 lac trees In continuation of the changed approach towards calculation and implication of costs by the Courts, the Hon’ble High Court of Delhi has, in the matter of Merck Sharp & Dohme Corp. & Anr. versus Abhaykumar Deepak & Anr.,… Continue reading For breach of consent decree in a patent infringement suit: Defendant ordered for planting 1.4 lac trees

Substantial Amendments in Indian Patent Rules, 2019

Substantial Amendments in Indian Patent Rules, 2019 The Government, in its initiative of boosting the economy and increasing the Number of Patent Filings, has amended the Patent Rules. The Department of Promotion of Industry and Internal Trade (DPIIT) has notified the rules further to amend the Patents Rules, 2003. The Indian Patent Office enforced the… Continue reading Substantial Amendments in Indian Patent Rules, 2019