The Indian Patent Office has undergone tremendous change in the last five years with digitisation of record and streamlining its procedures. As an example, a new patent application can be filed electronically and all steps during the prosecution can be taken through the patent office portal. Further, India has agreed a Patent Prosecution Highway (PPH)…
The Direct Selling Entities (“DSEs”) Amway, Oriflame and Modicare that have a specific business model are embroiled in dispute with leading e-tailers, Amzon, Snapdeal, Cloudtail alleging the sale of their products on e-commerce platforms are unauthorized and without their consent. The Single Judge found in favour of DSEs and passed a common order in interlocutory…
COVID-19 has created an unprecedented crisis resulting in the Indian government clamping down the movement of people, goods, and services. This has impacted every facet of business and has brought consumers attention to its health and well being. With social distancing becoming ‘new normal,’ the impact of coronavirus on brick-and-mortar stores during the lockdown phase…
Continuing with our initiative of educating students on Intellectual Property and counterfeiting, our partner, Ms. Rachna Bakhru delivered a live the session on Google meet platform on May 23, 2020. The webinar was organized by GD Goenka UP Learn Academy in association with GD Goenka University. Over 40 enthusiastic students participated in the webinar and…
As WFH becomes the “new normal” and educational institutes explore a different way to learn, INTA’s Unreal Campaign goes virtual. Our Partner and Chair of Unreal’s South Asia, Middle East and, Africa’s Sub-committee, Ms. Rachna Bakhru, conducted a first online presentation on April 21, 2020, for the participants from Rajasthan’s leading Science & Technology colleges….
The new Telemedicine Practice Guidelines enabling Registered Medical Practitioners (RMPs) to provide healthcare remotely as per Telemedicine guideline were released by NITI Aayog on 25 March 2020. The guideline aims to address challenges faced in providing health care and access to doctors on account of large geographical distances and limited resources in India. As per…
The parties in the suit are at odds over brand names of spice mixture popularly known as ‘masala’ sold under the name ‘White Chinese Pepper Masala’ and ‘Black Chinese Pepper Masala’. Sky Enterprise (Sky), Plaintiff filed a suit before the Bombay High Court restraining Abaad Masala (AM), Defendant from using the marks ‘White Chinese Pepper…
Are well known marks protected in India? Yes, well known marks are protected in India. There are specific provisions under the Trade Marks Act, 1999 and procedure to record well known trade marks in India is provided under the Trademarks Rules, 2017 enacted under the Act, 1999. Prior to March 2017 there was no procedure…
Does use of a trademark post retirement from the partnership business would result in violation of rights? What would constitute acquiescence? These are the two main issues of conflict between the parties in catering business. The Plaintiff, Rajesh Kumar Agarwal & others (Rajesh) filed suit before the Calcutta High Court alleging trademark infringement, passing off…
This post discusses on-going battle over ‘MATRIMONY’ marks. The word Matrimony is being offered by Google and used by various third parties along with various prefixes as key words to attract internet traffic as part of Google ‘Adwords’ program (now known as Google Ads). Matrimony.com has objection to such use by parties. The primary issues…
