Category Archives: Design

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…

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

by SpicyIP January 23, 2020

9 Comments

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…

Design

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

by SpicyIP December 6, 2019

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

by Pankhuri Agarwal July 9, 2019

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

by Pankhuri Agarwal April 4, 2019

3 Comments

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…

Design Overlaps in IP Trademark

Delhi HC: Clearing the Confusion Around Design-Trademark Overlaps

by Prarthana Patnaik December 19, 2018

1 Comment

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…

Design Overlaps in IP Trademark

Delhi HC Deals with Yet Another Design-Trademark Overlap!

by Prarthana Patnaik December 13, 2018

5 Comments

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…

Design Others

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

by Divij Joshi February 22, 2018

1 Comment

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…

Design

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

by Rahul Bajaj February 4, 2018

Dysfunctional Judgments on Functionality and Design Law

by Prashant Reddy August 5, 2017

4 Comments

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…

Shivam Kaushik said Yes Mouri, it seems you got both the things right, the link, and what I meant. In the link see 1) Patent...

'The Frequently Overlooked Corollaries of Academic Patenting'
Mouri Ghosh said This might be an active link to the Stanford university policy: https://doresearch.stanford.edu/policies/research-policy-handbook/intellectual-property/inventions-patents-and-licensing

'The Frequently Overlooked Corollaries of Academic Patenting'
Mouri Ghosh said Dear Shivam, Thanks for the input. What you mostly wrote is exactly what is already part of the patent system vis-a-vis rights/...

'The Frequently Overlooked Corollaries of Academic Patenting'
Shivam Kaushik said Dear Mouri, Stanford model here symbolizes, I believe, the approach where the decision to patent the invention or not, made at an...

'The Frequently Overlooked Corollaries of Academic Patenting'
Mouri Ghosh said Re: academia and patents Thanks for the contribution. Can you elaborate your suggestion based on the Stanford model you referred to? Patent...

'The Frequently Overlooked Corollaries of Academic Patenting'

De-Coding Indian Intellectual Property Law