Category Archives: Trademark

Overlaps in IP Trademark Traditional Knowledge

Attars and Agarbattis: Protecting Traditional Cultural Expressions through Non-Conventional Trademarks

by SpicyIP July 15, 2021

We are pleased to bring you a guest post by Tahhira Somal, exploring existing frameworks of non-conventional trademarks, particularly those of smell marks, and assessing their role in the protection of certain traditional cultural expressions. Tahhira has a degree in Global Affairs, and is a final year LLB student at the Jindal Global Law School, Sonipat. Attars and Agarbattis: Protecting Traditional Cultural Expression through non-conventional Trademarks Tahhira Somal Nestled in Halsted, Chicago is a Michelin star restaurant that…

Others Trademark

Serious Comparative Advertising: Broadening the Definition

by SpicyIP July 13, 2021

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We’re pleased to bring you a guest post by Sangita Sharma, looking into the law around comparative advertisements in India. Sangita is a 2nd year student at Gujarat National Law University and was the topper of the 2020 IP Talent Search Examination. Serious Comparative Advertising: Broadening the Definition Sangita Sharma In the soap war between HUL and Sebamed, Sebamed released an advertisement comparing an HUL branded soap with RIN detergent stating that HUL’s soap’s pH values are similar to that…

SpicyIP Weekly Review (July 5-11)

by Adyasha Samal July 12, 2021

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Topical Highlight IPAB Issue Finally Comes to a Conclusion: Delhi HC Creates Specialist IP Division Varsha reported the significant development that the Delhi High Court issued a press release stating its plan to create an Intellectual Property Division (IPD) in the Delhi High Court. After the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021, disbanded the IPAB and transferred its powers to the High Courts and Commercial Courts, the IPD has been constituted on the basis of the recommendations…

Opportunities Patent Trademark

Call for Submissions: The Journal of the Patent and Trademark Office Society (Vol. 102)

by SpicyIP July 9, 2021

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We’re pleased to inform you that The Journal of the Patent and Trademark Office Society is inviting submissions for Volume 102 of the journal. For further deatils, please see the announcement below: Call for Submissions: The Journal of the Patent and Trademark Office Society (Vol. 102) The Journal of the Patent and Trademark Office Society (‘JPTOS’), America’s premiere intellectual property law journal for over one hundred years, hereby announces an open call for submissions by direct email to [email protected] or on…

IPAB Issue Finally Comes to a Conclusion: Delhi HC Creates Specialist IP Division

by Varsha Jhavar July 7, 2021

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In a welcome move yesterday, the Delhi High Court issued a press release stating that it will create an Intellectual Property Division (hereinafter IPD) in the Delhi High Court. According to today’s roster sheet, the judges that have been nominated for IPD are Justice Suresh Kumar Kait, Justice Jayant Nath, Justice Anu Malhotra, Justice C. Hari Shankar and Justice Sanjeev Narula. (pg 9) The court is in the process of formulating comprehensive rules for this division. As you may recall,…

SpicyIP Weekly Review (June 28 – July 4)

by Anupriya Dhonchak July 5, 2021

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Topical Highlight Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes In this guest post, Rounak Doshi discusses the position of law on arbitrability of trademark disputes in light of the Delhi High Court’s recent decision in Golden Tobie Private Ltd. v. Golden Tobacco Ltd. He notes that the Court considered this dispute concerning the breach of a trademark licensing agreement as arbitrable and referred it to arbitration. He examines the Court decision and notes that the plaintiff relied upon…

Others Trademark

Logo Battles in Fashion Forever

by SpicyIP July 3, 2021

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We’re pleased to bring to you a guest post by Tanya Saraswat. Tanya is a 3rd year BBA LLB student at Kirit P Mehta School of Law, NMIMS, Navi Mumbai. Logo Battles in Fashion Forever Intellectual property rights, including trademarks, patents and copyright, protect the innovations and inventions of creators from other companies or individuals. Logos come under the wide ambit of trademarks. The trademark protection for a business logo means that no one else can exploit or use it….

Trademark

Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes

by SpicyIP June 28, 2021

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We are pleased to bring you a guest post from Rounak Doshi, discussing the position of law on arbitrability of trademark disputes in light of Delhi High Court’s recent decision in Golden Tobie Private Ltd. v. Golden Tobacco Ltd. Rounak is a 2nd year student at NLIU Bhopal. Our previous posts on questions of IPR and arbitration can be viewed here. Introduction The Delhi High Court, through its judgement, in the recent matter of M/S. Golden Tobie Private Limited v….

SpicyIP Weekly Review (June 21 – 27)

by Anupriya Dhonchak June 28, 2021

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Topical Highlight RMPL Registered as Copyright Society for Sound Recordings: But What about PPL, Transparency, and the Delays? In this post, Nikhil analyses Recorded Music Performance Limited (‘RMPL’) becoming the first copyright society to be granted a registration with respect to sound recordings, nine years after the 2012 amendments to the Copyright Act. He notes that the Phonographic Performance Limited India (‘PPL’) has also been attempting to obtain registration as a copyright society for the same kind of works. He…

SpicyIP Weekly Review (June 14- 21)

by Nikhil Purohit June 21, 2021

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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…

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{ Did Judge Prabha Sridevan suggested to close IPAB without having another solution in hand? Doing something suddenly without giving notice is typical Indian way of doing things. For... }