Category Archives: Design

Copyright Design Geographical Indication Others Patent Trademark

COVID-19: How Best Can the Indian IP Office Help its Stakeholders? [Updated]

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In these unprecedented times where a pandemic has brought the globe to a standstill, the top-most concern of IP owners (of course, other than to save themselves from COVID-19) would be about meeting deadlines in IP prosecution. This is because, deadlines in IP prosecution are often hard deadlines, and if extendable, involve a fee – sometimes these require the filing of signed/ notarised/ stamped documents. This concern is equally and anxiously shared by IP lawyers who assist IP owners around…


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Copyright Design Geographical Indication Traditional Knowledge

Bol Ree Kathputli [Tell Me O Kathputli], What IP Rights Do I Have in You?

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We’re pleased to bring to you an interesting guest post by Dr. Sunanda Bharti on IP protection of kathputlis and other puppets. Sunanda is an Assistant Professor in Law at Delhi University. She has written several guest posts for us in the past as well, which can be viewed here, here, here and here. Bol Ree Kathputli [Tell Me O Kathputli], What IP Rights Do I Have in You? Dr. Sunanda Bharti Introduction The art of making kathputli was given life by the Bhaat…


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Design

Design Rights: Originality to Remain the Sole Criterion ? – India and the EU

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We’re pleased to bring to you a guest post by Mathangi K. Mathangi is a second year law student at Gujarat National Law University, Gandhinagar. Design Rights: Originality to Remain the Sole Criterion ? – India and the EU Mathangi K The origin of the term “industrial design” can be traced back to the 20th century German architect Peter Behres, who has been hailed to be the first industrial designer in the world. The concept of “industrial design” as an…


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Design Trademark

SpicyIP Fellowship 2019-20: “See you in Court, Alligator?” The Delhi High Court Rules in Favor of Crocs Over Passing Off of a Registered Design

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We’re pleased to pleased to bring to you a guest post by our Fellowship applicant, Arushi Gupta. Arushi is a 2nd year student at Maharashtra National Law University, Mumbai. This is her third submission for the Fellowship. “See you in Court, Alligator?” The Delhi High Court Rules in Favor of Crocs Over Passing Off of a Registered Design Arushi Gupta On 4th June, 2019, the Delhi High Court delivered an interim order regarding the age-old conflict “brewing” between Carlsberg Breweries…


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Design Trademark

SpicyIP Fellowship 2019-20: “See You Later, Alligator!” The Delhi High Court Rejects Crocs’ Suit For Passing Off of Registered Design

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We’re pleased to pleased to bring to you a guest post by our Fellowship applicant, Arushi Gupta. Arushi is a 2nd year student at Maharashtra National Law University, Mumbai. This is her first submission for the Fellowship. “See You Later, Alligator!” The Delhi High Court Rejects Crocs’ Suit For Passing Off Of Registered Design  Arushi Gupta   On 7th March 2019, in Crocs Inc. USA v. Aqualite India Limited, the Delhi High Court rejected the maintainability of a suit of…


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Design Overlaps in IP Trademark

Delhi HC: Clearing the Confusion Around Design-Trademark Overlaps

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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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Design Overlaps in IP Trademark

Delhi HC Deals with Yet Another Design-Trademark Overlap!

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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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Design Others

Between a Croc and a Hard Place – Delhi High Court Rejects Interim Protection for Crocs’ Registered Designs

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The Delhi High Court, in its judgement in Crocs v Liberty and Ors., on February 8, rejected Crocs Inc.’s applications for interim injunctions against the breach of copyright in their registered design. Mr. Justice Valmiki Mehta disallowed the applications for injunction, finding that Crocs’ designs for its namesake clog-type (see image) sandals were ‘liable to be cancelled’, and imposed substantial compensatory costs on the plaintiff. [TL;DR – Crocs fell short of the Design Act’s requirement that any trade variations to…


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Design

Delhi High Court Vacates Injunction in Plaintiff’s Favour in a Case on the Design of Ball Point Pens

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In a comprehensive and well-reasoned judgment issued last month, Justice Valmiki Mehta of the Delhi High Court (“Court”) vacated an interim injunction in a design infringement case. While the facts of the case are fairly straightforward and the conclusion arrived at by the court is founded upon a reaffirmation of well settled legal principles, some consequences flowing from the judgment merit deeper scrutiny. The judgment arose out of an application for the grant of injunction filed by the plaintiff, Pentel…


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Copyright Design

Dysfunctional Judgments on Functionality and Design Law

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A few months ago, when I wrote on a Delhi High Court judgment in the Carlsberg design infringement case, I received a few comments and emails protesting my claim that Indian design law does not penalize designs which also have a functional aspect. The issue of functionality has been a tricky issue in most jurisdictions because design law is supposed to protect only designs that appeal to the eye while functionality is to be protected under patent law. Life is…


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