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Prarthana Patnaik

Prarthana Patnaik is a final year law student at National Law University Odisha. Her main interests lie in copyright, open access and technology laws. She can be reached for queries and topic suggestions at [email protected]

Designs Overlaps in IP Trademark

Delhi HC: Clearing the Confusion Around Design-Trademark Overlaps


A few days ago, I had written a post on the Delhi HC’s judgment in Greenlight Planet India Pvt. Ltd. vs Gee Lighting Technology dealing with a design-trademark overlap. The Court, in this order, had deliberated on the issue of whether a separate suit of passing off can be filed for a registered design after having filed a prior suit of design infringement. In their order, they limited their analysis to Order II, Rule 2 of the CPC (which does not allow…


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SpicyIP Fortnightly Review (December 3-16)


This week, I had written a post on a recent Delhi HC decision dealing with a design-trademark overlap. In my post, I briefly discuss previous judicial decisions dealing with similar overlaps. I then cover the (in)famous Micolube decision and Prof. Basheer’s take on the same. Finally, I conclude that the provisions of the Design Act does not allow one to claim a remedy for passing off for a registered design and that the Delhi HC failed to consider this issue…


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Designs Overlaps in IP Trademark

Delhi HC Deals with Yet Another Design-Trademark Overlap!


IP overlaps take place when multiple overlapping IP rights vest in an owner for a single subject matter. These overlaps have given way to numerous debates regarding over-protection, policy implications, statutory interpretation  and many more issues. (To get a better understanding of the same, do refer to Prof. Basheer’s chapter in Overlapping Intellectual Property Rights.) Design-trademark overlaps, in particular, have had an interesting history in Indian litigation. A recent decision of the Delhi HC yet again brings these overlaps to the fore. In…


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SpicyIP Weekly Review (November 19-25)


Divij analysed the approach of the Delhi HC towards intermediary liability in its recent ruling in Loreal v. Brandworld. This post is a continuation of his commentary on the same topic in a previous post on Christian Louboutin v Nakul Bajaj. In his post, he first lays out when an e-commerce platform becomes an intermediary and when it can claim safe harbour under Section 79 of the IT Act. He then goes on to conclude that the Delhi HC does not give adequate…


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Copyright Trademark

The Rihanna-Trump Showdown and The Use of Music in Political Campaigns


This month saw a highly publicised altercation between pop queen Rihanna and US President Trump.  She called out the President for playing her popular hit song “Don’t Stop the Music” at his rally. In her cease-and-desist letter, Rihanna’s legal team specified that the idol’s consent should have been taken before playing her song at the rally. The issue, however, is more complicated than the simple matter of the artist’s consent to such usage and has been highly debated in the past….


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SpicyIP Weekly Review (November 12-18)


Rishabh recently wrote a post on a Bombay HC Order. In the order, the Court has instructed the Defendant to give prior notice of 7 days to the Plaintiff before  initiating any legal proceedings against them regarding the trademark ‘Hotel Millennium Park’. He analyses the scope of Section 142 of the Trade Marks Act and concludes that the order is outside the ambit of the Section since it prevents the Defendant from obtaining ex parte ad interim reliefs. Prof. Basheer called attention…


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Competition Law Drug Regulation Privacy

All You Need to Know About the New CCI Policy on Healthcare-Part II


I had written a post few days ago covering the main highlights of the CCI’s press release on its Policy Note on healthcare. In my post, I had summarized and explained the main aspects of the Note (covered by the press release) and observed that though the Policy Note doesn’t really bring in many new recommendations, it does pay heed to the current shift from price control mechanisms to rationalisation of trade margins. With the recent release of the Policy…


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Competition Law Drug Regulation

All You Need to Know About the New CCI Policy on Healthcare-Part I


It’s been around a week since the CCI released its press release on its policy note on ‘Making Markets Work for Affordable Healthcare’. In the past, the CCI has recognized the need to address issues in the healthcare industry on several occasions. For instance, it has observed in a past order that the lack of competitive forces in the pharmaceutical market has resulted in “innovative business practices, superior services, consumer choice, lower prices, etc.” taking a back seat. (In fact,…


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Others

SpicyIP Weekly Review (October 22-28)


Stay updated with our recap of this week’s posts! Thematic Highlight  Prashant provided his latest report on the burgeoning Bedaquiline controversy. In his previous posts, he had commented on The Hindu’s lack of reportage on the harmful effects of this drug. In this post though, he reports that a Hindu correspondent visited the patients who were being given this drug and it was discovered that the patients were neither informed about the deaths in the Phase 2B trials nor were…


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Overlaps in IP

Foreign IP Law Firms Defying SC Ruling?


The issue of foreign law firms allegedly defying SC instructions in their practice in India was recently brought into attention by a complaint filed by Sumit Sinha, an advocate on record. The complaint was filed before the Bar Council of India, the Controller General of Patents, Designs and Trademarks and other authorities. It identified certain foreign law firms namely Zacco, Abu Ghazaleh, Mirandah Asia, United GIPS, Clydes and Anderson Global. Notably, all these firms have some sort of local presence in India…


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