Category Archives: Trademark

Trademark

Place the (Trade Marks) Act Before the Rules: Del HC Directs Registry to Record Grounds of Refusal of Applications


In a much-lauded decision, Justice J. R. Midha of the Delhi High Court has made it easier and quicker for applicants to appeal a decision of the Registrar of Trade Marks arising from a refusal or partial acceptance of a trademark. This decision arises from a writ petition (Intellectual Property Attorneys Association v. Controller General of Patents, Designs, Trade Marks & Anr) that challenged the non-speaking orders passed by the Registrar of Trade Marks while refusing trademark applications. The petitioner,…


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Trademark

SpicyIP Fellowship 2019-20: FUCT the USPTO? – Revisiting the Free Speech, Morality and Trademark Law Debate (Part I)


We’re pleased to bring to you a guest post by our fellowship applicant, Akanshha Agrawal. Akanshha is a 3rd year student at National Law University, Delhi. This is her first submission for the Fellowship. In the first part of this two-part post, Akanshha discusses the recent US Supreme Court judgment in Iancu v. Brunetti, which held the Lanham Act’s ‘immoral or scandalous’ bar on the registration of trademarks to be unconstitutional. In Part II of the post, she analyses the…


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Trademark

The Trade Marks Registry Proposing to Restrict Access to Documents


The Trade Marks Registry (TMR) issued a public notice requesting suggestions from stakeholders regarding the display and availability of documents on its official website (comments are to be submitted by September 30, 2019). It appears that the TMR has received representations from stakeholders raising concerns regarding the display of confidential information, proprietary information and personal information on its website. The TMR is now proposing to classify documents into two categories on its website: One category that will consist of documents…


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Trademark

Websites, the Virtual Juggernauts, Continue to Question Jurisdiction and Enforcement in Online Trademark Disputes


The borderless nature of the internet has, time and again, challenged conventional notions of jurisdiction and enforcement. While countries have a legitimate interest in protecting / preserving their laws, with the internet, there is always a fear of the law becoming a general law of the internet. Maintaining this balance is key when deciding questions that pertain to issues involving parties belonging to different jurisdictions. The Delhi High Court was tasked with resolving a trademark infringement and passing off dispute…


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Patent Trademark

Technology Has the Potential to Make Trademark Processes Easy Peasy


Singapore’s New Trademark App The Intellectual Property Office of Singapore has recently launched an app called ‘IPOS GO’ available on the Apple App Store and the Google Play Store. The app provides various on-the-go trademark services, which include even direct filing of trademark applications (making this the world’s first mobile app for enabling the filing of trademark applications).  The various functions that the app can perform are: “Use IPOS Go to: Apply for and renew trademark registrations in Singapore* Search…


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Trademark

The Timken Template: The Delhi High Court Ruling in Suzuki Motor v. Suzuki India


We’re pleased to bring to you a guest post by Eashan Ghosh on the recent Delhi High Court ruling in Suzuki Motor v. Suzuki India. Eashan has been in practice as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. Eashan writes about Indian intellectual property law, including a monthly review of Delhi High Court judgments, on his Medium page. He has written guest posts for…


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Trademark

SpicyIP Fellowship 2019-20: Through the Looking Glass – Alice and the Wonders of the ‘Liability of Online Marketplaces’ in the Delhi HC


We’re pleased to bring to you another guest post on the recent Delhi High Court decision in Amway & Ors. v. 1MG Technologies & Ors. by our Fellowship applicant, Arushi Gupta. Arushi is a 2nd year student at Maharashtra National Law University, Mumbai. This is her fourth submission for the Fellowship. Eashan Ghosh’s guest post on the same decision, published last week, can be viewed here. Through the Looking Glass: Alice and the Wonders of the ‘Liability of Online Marketplaces’ in the…


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Trademark

“A Sherlockian Venture”: The Delhi High Court Shuts Down (Genuine?) E-Commerce Sales Unauthorized by Trade Mark Claimants


We’re pleased to bring to you a guest post by Eashan Ghosh on the recent Delhi High Court decision restraining various e-commerce platforms (including Amazon, Flipkart and Snapdeal) from enabling sale of products of ‘direct selling’ companies without their consent. Eashan has been in practice as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. Eashan writes about Indian intellectual property law, including a monthly…


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Copyright Others Patent Plant Variety Protection Trademark

Curiouser and Curiouser: The Delhi High Court Whitewashes an Infirm IPAB and Rules that a Plant Variety is a Patent..and Perhaps Even a Trademark!


We bring you a guest post from the prolific Prashant Reddy, who has had to take a break away from regular blogging at SpicyIP since he now heads the judicial reforms team at Vidhi. Fortunately, we managed to persuade him to pen a guest post on this rather curious decision, where a judge of the Delhi High Court has effectively ruled that an “expert” IP tribunal that lacks the alleged “expertise” can still decide IP disputes. In his inimitable style,…


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Designs 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


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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