Author name: SpicyIP

Rethinking Initial Interest Confusion And Consumer Sophistication In The Digital Age: Unarmouring The Under Armour At The DHC

/ By / Trademark

Following the discussion on the DHC’s finding in the Forest Essentials case, we are pleased to bring to you another post by SpicyIP intern Aditya Bhargava, revisiting initial interest confusion and consumer sophistication in light of the DHC’s recent Under Armour decision. Aditya is a second-year law student at NLSIU Bangalore. He is interested in intellectual property, AI regulation and tech law. His previous posts can be accessed here. Rethinking Initial Interest Confusion And Consumer Sophistication In The Digital Age: Unarmouring […]

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Reminder: 2024 Shamnad Basheer Essay Competition on Intellectual Property Law

/ By / Opportunities

On Prof. Basheer’s 48th birth anniversary we announced the 2024 edition of the Shamnad Basheer Essay Competition on Intellectual Property Law. We cannot wait to read your submissions. Keep in mind, the deadline is just over 3 weeks away! [Edit: The deadline has not been extended to 28th July, 2024 (11:59 pm IST)] Please see below for the details: Submission Guidelines The details of the competition are as follows: Eligibility: The competition will be open to students currently enrolled in

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​​Parody Under Fire: The Misuse of Ex-Parte Injunctions in Trademark Law to Curb Satire?

/ By / Trademark

On the recent Delhi High Court ex-parte injunction in favor of journalist Rajat Sharma against satirist Ravindra Kumar Choudhary, we are pleased to bring to you this post by SpicyIP intern Aarav Gupta, discussing the nominative fair use aspect here and the lack of interim injunction three factor assessment by the Court. Aarav is a third-year law student at National Law University, Delhi. He is passionate about geopolitics, foreign policy, international trade, and intellectual property and spends his time reading

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SpicyIP Weekly Review (June 10-June 16)

/ By / Copyright, Design, Patent, Trademark

Here is our recap of last week’s top IP developments including summary of the post on DHC’s decision in Forest Essentials v. Baby Forest. This and much more in last week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week Initial Interest Confusion Clash: Forest Essentials Battles Baby Forest at the DHC Is it still trademark infringement if confusion regarding similar marks doesn’t carry on through to the

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Initial Interest Confusion Clash: Forest Essentials Battles Baby Forest at the DHC

/ By / Trademark

Regarding the varying interpretation and understanding of the initial interest confusion test by a single judge bench and a division bench of the DHC in the recent Forest Essential v. Baby Forest case, we are pleased to present this post by SpicyIP intern Aditya Bhargava, critiquing the single judge’s interpretation of the doctrine. Aditya is a second-year law student at NLSIU Bangalore. He is interested in intellectual property, AI regulation and tech law. His previous post can be accessed here.

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SpicyIP Weekly Review (June 3-June 9)

/ By / Copyright, Geographical Indication, Patent, Trademark, Traditional Knowledge

Here is our recap of last week’s top IP developments including summaries of posts on DHC’s decision in Seagate v. Daichi, Genus-Species patents, and GI inspection mechanism in India. This and much more in last week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week Genus-Species Disputes: Where From Here? Taking a look at some of the important decisions in genus-species patent cases, Dr. Victor Vaibhav Tandon discusses

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An Assessment of Inspection Mechanism in the Indian GI Regime

/ By / Geographical Indication

Analyzing the inspection mechanism of registered GIs under the Indian GI regime, and highlighting some practical loopholes within it, we are pleased to bring to you this guest post by Sakshee Sahay. Sakshee is currently pursuing a Masters of Law in IP from the Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology, Kharagpur. She is also a Trademark Attorney and a registered Advocate at the Bar Council of Delhi. An Assessment of Inspection Mechanism in the Indian

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Genus-Species Disputes: Where From Here?

/ By / Patent

We are pleased to bring to our readers this guest post on genus-species patent disputes in India by Dr. Victor Vaibhav Tandon. In this post, Dr. Tandon discusses Delhi High Court’s position on genus-species patents over different cases and assesses what could be the future course for the patentees in disputes involving such cases. Dr. Tandon is an academician turned lawyer, with the law firm Saikrishna and Associates. He continues to teach patent law- rather sporadically- at ILI and ISIL.

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WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge: Concerns of India and Developing Nations- Part II

/ By / Traditional Knowledge

After assessing the requirement to mandatorily disclose the source of genetic resource/ associated traditional knowledge under the recent WIPO treaty, in part II of his post, Dr. Anson CJ takes a look at the implication of this requirement on India. Dr. Anson is an Assistant Professor at the Inter University Centre for IPR Studies, Cochin University of Science and Technology, Kochi and has previously contributed to the blog here. Interested readers can also take a look at Part I here, and here and here

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WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge: Concerns of India and Developing Nations- Part I

/ By / Traditional Knowledge

Reflecting on the recent WIPO treaty on genetic resources and associated traditional knowledge through the lens of existing literature on the requirement to disclose the source of the resource or the knowledge, we are pleased to bring to you part I of the two part post by Dr. Anson CJ on the WIPO treaty. Part II will discuss the implication of the treaty on India and other developing countries. Dr. Anson is an Assistant Professor at the Inter University Centre

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