Category Archives: Trademark

We’re pleased to bring to you this guest post by our former blogger Aparajita Lath. Aparajita is a lawyer based in Bangalore. She works in a law firm that advises technology companies. The views expressed in this post are personal. Her previous posts on the blog can be viewed here, here, here, here and here. Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? Aparajita Lath World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse….

Trademark

Inviting Into Our Consciousness: Prosecution History in Trade Mark Infringement

by SpicyIP May 9, 2022

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We’re pleased to bring to you a guest post by Eashan Ghosh on the treatment of prosecution history in trade mark infringement proceedings. Eashan has been practicing 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 on his Medium page. He has written several guest posts for us in the past as well, which can be viewed here, here, here, here, here, here, here, here and here….

Trademark

MakeMyTrip vs Booking.com – Looking at the Delhi High Court Injunction on Usage of Adwords

by SpicyIP May 2, 2022

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We’re pleased to bring you a timely guest post by Sangita Sharma on a recent order by the Delhi High Court, on the usage of a competitor’s registered trademarks as keywords or adwords. Sangita is a 3rd year student at Gujarat National Law University and has previously written for us here and here. MakeMyTrip vs Booking.com – Looking at the Delhi High Court Injunction on Usage of Adwords Sangita Sharma In an order dated 27th April 2022, Justice Pratibha M….

Trademark

RPG Enterprises v. Riju Ghoshal: Bombay High Court Looks at Sections 29(4) and 29(5) of Trade Marks Act

by SpicyIP April 9, 2022

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We’re pleased to bring you a guest post by Ujjawal Bhargava on a recent order from the Bombay High Court in the matter of RPG Enterprises v. Riju Ghoshal and Anr, dealing with well known marks, and infringement under the Trade Marks Act, 1999. Ujjawal is a fifth-year student of the Institute of Law, Nirma University, Ahmedabad and has a keen interest in the subject of Intellectual Property, specifically copyright and trademark laws. RPG Enterprises v. Riju Ghoshal: Bombay High…

Others Trademark

Roof Afza v. Dil Afza: Finding Meaning in Trademark Protection

by Namratha Murugeshan April 5, 2022

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In January, the Delhi High Court in the case of Hamdard National Foundation (India) v. Sadar Laboratories Pvt. Limited refused to grant an interim injunction in favour of the plaintiff in a case of trademark infringement concerning the plaintiff’s mark ‘Rooh Afza’ and the defendant’s mark ‘Dil Afza’. While the case has been settled, it provides an interesting example of how the boundaries of trademark protection are often tested by claimants seeking the enforcement of their rights. Background The case…

Trademark

Clarifying or Confusing the Quandary of Identical Marks: Renaissance Hotel Holdings Inc. v. Vijaya Sai and Others

by SpicyIP March 4, 2022

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We’re pleased to bring you a guest post by Sangita Sharma, looking at the Supreme Court’s order in the trademark infringement case Renaissance Hotel Holdings Inc. v. Vijaya Sai and Others. Sangita is a 3rd Year student at Gujarat National Law University and has written for us earlier here. Clarifying or Confusing the Quandary of Identical Marks: Renaissance Hotel Holdings Inc. v. Vijaya Sai and Others Sangita Sharma Are Sangita and Zai Sangita identical or similar? How does one differentiate…

Trademark

Trademarking Signature Poses/Looks – A Progressive Protection of Individuality

by SpicyIP March 3, 2022

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We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar, analysing the possibility of trademark protection for bodily features. Kedar is a fourth year BLS LLB student at the Adv. Balasaheb Apte College of Law in Mumbai. His previous guest posts on the blog can be viewed here and here. Trademarking Signature Poses/Looks – A Progressive Protection of Individuality Today, thanks to the body positivity movement, one’s body is increasingly being seen as a reflection and assertion…

Trademark

DRS Logistics v. Google: Revival of the Third-party Trademark as a Keyword Dispute

by SpicyIP November 24, 2021

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We are pleased to bring you a guest post from Payal Saraogi, on a recent decision of the Delhi High Court on Google’s use of trademarks as advertisement keywords. Payal graduated from the School of Law, Christ University in 2020, and currently practices as a disputes lawyer. She advises/represents clients on issues related or unrelated to those discussed in the post. DRL Logistics v. Google: Revival of the Third-party Trademark as a Keyword Dispute Payal Saraogi The steady growth in…

Trademark

Who Watches the Watchmen? – Empirically Examining Examination Reports (Part 1)

by SpicyIP November 3, 2021

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We’re very happy to bring our readers a guest post that uses a dataset of more than 300,000 trademark examination reports from the year 2019, as the basis for analysing the trademark registry’s examination process. The importance of having and using data while looking at the functioning of the various IP arms of the government is a point that the blog has often harped upon. The current guest post, by Mohit Yadav, a very tech savvy lawyer and founder of…

SpicyIP Weekly Review (September 27 – October 3)

by Adyasha Samal October 4, 2021

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Zolgensma and the Inadequacies of the Compulsory Licensing Regime In a guest post, Akhil wrote about Zolgensma, Novartis’ gene therapy medication prescribed for treatment of Spinal Muscular Atrophy (‘SMA’). Akhil discusses the compulsory licensing provisions in the TRIPS Agreement, as well as the objectives and principles relating to safeguarding public interest in Articles 7 and 8 and how they find reflection in India’s Patent Act. Breaking down the 3 tests of reasonably meeting the requirements of public, reasonable affordability and…

Malobika Sen { Very informative piece. This effort by Justice Singh is truly remarkable! }
{ Justice Prathiba Singh is a trailblazer. We need more of this. We have some brilliant IP academics in India and students turning towards academia. This is extremely motivating-... }
Akshat { At the prima facie stage, even if the documents are on record- without any cross examination, the veracity of any document cannot be made out. In any case,... }
Bhidu { "At the prima facie stage, where evidence ought not to be produced by parties, the reasoning given by the Single Judge requiring Defendant to show “material” in support... }
Swaraj Paul Barooah { Thanks for your kind words Neha! }