Category Archives: Trademark

Topical Highlight Singh & Singh Strikes to become King… Again: Trademark Infringement, but from Canada? In this post, Adyasha analyses the recent Delhi High Court order temporarily restraining the Canada-based law firm, ‘Singh + Singh Lawyers LLP’ (‘S&S Canada’) from infringing the trademark of the reputed Indian law firm, ‘Singh & Singh Law firm LLP’ (‘S&S India’). She first summarises the contentions of the two parties and the court’s reasoning. She highlights that the court failed to look at the…

Trademark

Singh & Singh Strikes to become King… Again: Trademark Infringement, but from Canada?

by Adyasha Samal June 16, 2021

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Recently, in what appeared to be a rather conspicuous case of identical names, the Delhi High Court temporarily restrained the Canada-based law firm, ‘Singh + Singh Lawyers LLP’ (‘S&S Canada’) from infringing the trademark of the reputed Indian law firm, ‘Singh & Singh Law firm LLP’ (‘S&S India’). ‘Singh’ is not only an extremely common surname in India, it is also prevalent among legal practitioners. Expectably, this was not the first time it featured in a trademark dispute for legal…

SpicyIP Weekly Review (June 7 – 13)

by Adyasha Samal June 14, 2021

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Topical Highlight Kerala and Karnataka Tussle Over the ‘KSRTC’ Mark: Registrability, Concurrent Use, and Infringement Nikhil discussed the recently revived controversy between the states of Karnataka and Kerala regarding the rights over the trademark ‘KSRTC’. He recounts the background of the usage of the mark for the states’ respective State Road Transport Corporations which led to a tussle when Karnataka applied for a registration for the mark and served a notice to Kerala in 2014 stating that they should not…

COVID-19 Opportunities Trademark

Online Conclave on ‘Counterfeiting in Covid Times: Medicines, Medical Devices and Accessories’ [June 12]

by SpicyIP June 10, 2021

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We’re pleased to inform you that National Association to Stop Counterfeiting and Piracy (NASCAP) in Association with DPIIT IPR Chair, The WB National University of Juridical Sciences, Kolkata is organising an online conclave on ‘Counterfeiting in Covid Times’ with a focus on ‘Medicines, Medical Devices and Accessories’ on 12th June, 2021. For further details, please read the announcement below: Online Conclave Counterfeiting in Covid Times: Medicines, Medical Devices and Accessories 12th June 2021 (Saturday) | 6:00 – 7:30 PM (IST) Overview In…

Trademark

Kerala and Karnataka Tussle Over the ‘KSRTC’ Mark: Registrability, Concurrent Use, and Infringement

by Nikhil Purohit June 10, 2021

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KSRTC Logos used by Kerala and Karnataka

Recently, a rather dormant controversy has been refueled between the states of Karnataka and Kerala regarding the rights over the trademark ‘KSRTC’. This happened when a press statement was released by the office of Kerala Transport Minister Antony Raju stating that the Registrar of Trademarks had decided in their favour. Kerala RTC MD and Transport Secretary, Biju Prabhakar, also stated that this determination implies that Kerala has the exclusive right to use the mark ‘KSRTC’ and that “a notice will…

Trademark

Collective Marks: A Tale of Collective Confusion at the Registry

by SpicyIP June 9, 2021

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We’re pleased to bring to you a post by Akshay Ajaykumar, discussing collective marks and analysing numerous erroneous collective mark registrations granted by the Indian Trade Marks Registry. Akshay is a practicing advocate based in New Delhi. He is a graduate of National Law University, Jodhpur. Collective Marks: A Tale of Collective Confusion at the Registry Akshay Ajaykumar There are numerous collective marks registered at the Indian Trade Marks Registry (‘Registry’). However, what lies underneath these registrations are dismal examination standards. Out…

Trademark

The Daily Guardian Controversy: News, Misinformation, and a Passing Off Perspective

by Nikhil Purohit June 7, 2021

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Recently, a controversy erupted regarding an article shared by many of the prominent leaders of the Bharatiya Janata Party (‘BJP’), praising the hard work of the Prime Minister Narendra Modi and criticising the “opposition’s barbs”. This article was published on a website called ‘The Daily Guardian’. This led many to criticize it as a fake website trying to portray itself as associated with the prominent news agency, ‘The Guardian’. Some have criticised the concerned article to be misinformation (see here)….

SpicyIP Weekly Review (May 31 – June 6)

by Nikhil Purohit June 7, 2021

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Topical Highlight Phone Pe v. Bharat Pe: Whether Vernacular Wordplay Can Save from Being Labelled Generic? In this guest post, Devangini responds to an earlier guest post on the Delhi High Court’s recent interim injunction order in Phone Pe v. Bharat Pe trademark dispute. She first summarises the history of the case, the arguments, and the court’s holding. She critiques the court’s reliance on the Delhi High Court case of Marico v. Agrotech to deny the plaintiff’s claim on two…

SpicyIP Weekly Review (May 24 – 30)

by Nikhil Purohit May 31, 2021

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NUALS’ 7th CIPR National Essay Writing Competition [Submit by July 4] We informed the readers about an essay competition being organized by the Centre for Intellectual Property Rights, National University of Advanced Legal Studies, Kochi for law students on the theme ‘IP & SMEs: Taking Ideas to Market’. The submission deadline for the competition is July 4, 2021. For further details including submission guidelines and eligibility, please refer to the post. Book Launch Webinar: ‘The Protection of Intellectual Property…

SpicyIP Weekly Review (May 17 – 23)

by Adyasha Samal May 24, 2021

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Topical Highlight Special 301 Report 2021: Trade Secrets, Patents and Technology Transfer Nikhil and I continued the discussion on three key aspects in the USTR Special 301 Report 2021: India-specific trade secrets and patents issues, and the general stance on technology transfers. We highlighted that the Report has tightened its stance on India’s trade secret regime, asking for stronger enforcement. Curiously, this contradicts its liberal approach towards compulsory licenses and the TRIPS waiver because a lot of key information on…

Adyasha Samal { That's right, it is an ad-interim injunction. I realize that's not very clear from the post (will add an edit), but my point here is not that granting... }
Jagdish Sagar { I have noticed this interesting article a little late. Three comments: (1) there is absolutely no discussion or reference to section 3 of the Copyright Act which defines... }
Anon { "It is important to note that S&S Canada had not filed a written statement, but the interim injunction was granted nonetheless." Please note that the language of the... }
V.P { Mr. Khadher, I am currently reading a copy of this book, and have read your review and comments with interest. I think you have made some valid points,... }
Devangini Rai { Thank you! Yours was equally good. }

De-Coding Indian Intellectual Property Law

Category Archives: Trademark

SpicyIP Weekly Review (June 14- 21)

Singh & Singh Strikes to become King… Again: Trademark Infringement, but from Canada?

SpicyIP Weekly Review (June 7 – 13)

Online Conclave on ‘Counterfeiting in Covid Times: Medicines, Medical Devices and Accessories’ [June 12]

Kerala and Karnataka Tussle Over the ‘KSRTC’ Mark: Registrability, Concurrent Use, and Infringement

Collective Marks: A Tale of Collective Confusion at the Registry

The Daily Guardian Controversy: News, Misinformation, and a Passing Off Perspective

SpicyIP Weekly Review (May 31 – June 6)

SpicyIP Weekly Review (May 24 – 30)

SpicyIP Weekly Review (May 17 – 23)