Category Archives: Trademark

Copyright Design Overlaps in IP Trademark

Protection of Jewellery: A Combination of Trademark, Design and Copyright Law? – Part I


The issue of IP protection of jewellery has hardly been discussed or adjudicated upon in India. Generally, it is understood that the sketch of the jewellery design can be protected as artistic work under copyright law, while the actual appearance of the jewellery, such as the configuration, pattern can be protected under design law. But, it’s more complicated than that. There are many questions without clear answers, such as, whether jewellery is protectable under copyright or design law in India,…


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Trademark

BigBasket and Daily Basket Row – Confusion or Bullying?


As widely reported in the media, and shared via social media posts, the legal team of BigBasket sent a ‘cease and desist letter’ to Daily Basket on 17th February, 2021 alleging infringement of their trademark. The disparity in the sizes of both the companies was immediately evident to everyone: BigBasket by its own admission is the largest online food and grocery store in India whereas Daily Basket claims to be a tiny bootstrapped Coimbatore-based two-person start-up. Daily Basket is an…


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Copyright Geographical Indication Innovation Others Patent Publication Trademark

SpicyIP Weekly Review (February 22 – 28)


Thematic Highlight A Draft “Open” IP Syllabus In this post, Swaraj shared the first draft version of an ‘Open’ IP Syllabus that he along with a small team of researchers has worked on in the last few months. The syllabus is aimed to contain materials that are legally and publicly available free of cost and outside of paywalls, touching upon diverse themes concerning intellectual property law. While the completion of the entire syllabus is expected to take some time, this…


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Copyright Geographical Indication Innovation Others Patent Publication Trademark

A Draft “Open” IP Syllabus


Image showing various 'Open' related logos, with text "IP Textbooks. It's always Open Access O'Clock. Download and Enjoy"

Despite the plethora of materials online, any student, researcher or professor would know that access to scholarly information is a lot more difficult than what it should be. Most of the time, if you’re serious about research, the ‘research’ journey is more about how many paywalls you can climb (legally or not so legally), as much as it is about how good the material you can find is. To get around this, many folks rely on plug-ins like UnPayWall and…


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Copyright Others Patent Trademark

SpicyIP Weekly Review (February 15 – 21)


Topical Highlight Justice Prabha Sridevan on Govt’s Proposal to Shut Down IPAB and the Way Forward In this guest post,  Justice (Retd.) Prabha Sridevan notes that the Government’s proposal to scrap the IPAB is a welcome change. She argues that the functioning of the IPAB makes the two ostensible reasons for tribunalisation unsustainable: expert insight and speedy justice. She argues that regular courts are also more than capable of eliciting expert opinions, citing multiple cases where this has been done. Further,…


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Copyright Geographical Indication Patent Plant Variety Protection Trademark

Justice Prabha Sridevan on Govt’s Proposal to Shut Down IPAB and the Way Forward


We’re pleased to bring to you a guest post by Justice (Retd.) Prabha Sridevan on the recent Bill moved by the Government in the Parliament proposing to shut down IPAB and the way forward. Justice Sridevan needs no introduction – she served as a judge of the Madras High Court from 2000 to 2010 and as the Chairperson of the IPAB from 2011 to 2013 and her stint as both resulted in a number of significant IP developments, which we…


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Copyright Geographical Indication Patent Plant Variety Protection Trademark

Justice Manmohan Singh Holds Hearings at IPAB Despite Supreme Court Ruling


Heard it through the grapevine and saw in the causelist that Retd. Justice Manmohan Singh is still holding hearings in the IPAB and passing orders. Just a couple of days ago we reported that the application for Justice Singh’s extension as the IPAB Chairperson was rejected by the Supreme Court. The Court in its judgement (pdf) expressly noted that the tenure of the incumbent Chairperson ended on 21.09.2019 and further rejected the notion that the incumbent must remain as the…


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Trademark

The Grand Old Indian Trademarks Register: Episode 3 (1920-1940)


In Part I of this three-part guest post tracing the birth and early life of the Indian Trade Marks Register, Aparajita discussed the first phase of legislative activity. In Part II (here) and Part III (below) of the post, she examines the change in commercial opinion from ‘no registration’ to ‘pro registration’. Aparajita is a lawyer based in Bangalore. Her previous posts on the blog can be viewed here, here and here.   The Grand Old Indian Trademarks Register: Episode 3 (1920-1940) Aparajita Lath A country with…


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Trademark

The Grand Old Indian Trade Marks Register: Episode 2 (1881-1920s)


In Part I of this three-part guest post tracing the birth and early life of the Indian Trade Marks Register, Aparajita discussed the first phase of legislative activity. In Part II (below) and Part III (here) of the post, she examines the change in commercial opinion from ‘no registration’ to ‘pro registration’. Aparajita is a lawyer based in Bangalore. Her previous posts on the blog can be viewed here, here and here.     The Grand Old Indian Trade Marks Register: Episode 2 (1881-1920s)  Aparajita Lath…


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Trademark

The Grand Old Indian Trade Marks Register: Episode 1 (1877-1881)


We’re pleased to bring to you a three-part guest post by our former blogger Aparajita Lath, tracing the birth and early life of the Indian Trade Marks Register. Part I of the post can be viewed below and Parts II and III can be read here and here. Aparajita is a lawyer based in Bangalore. Her previous posts on the blog can be viewed here, here and here.   The Grand Old Indian Trade Marks Register: Episode 1 (1877- 1881)…


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