202006.22
18

Acronym of a descriptive term not protectable

This case has some interesting aspects. First, the simple one, does a registration grant exclusive right to use and restrain the third party from its use. Can the other side in defense argue that the mark in question is descriptive to defeat the claim? The Plaintiff, Bharat Biotech International Limited (Bharat) filed the suit before…

202005.22
18

Striding towards a better system

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)…

202005.18
16

ISPs and Direct Selling Entities at loggerheads over US$ 1.7 billion opportunity

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…

202004.30
16

Building a brand protection strategy in the era of ‘social distancing’

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…

202004.28
0

Let’s Talk IP

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…

202004.26
0

INTA’s Unreal Campaign goes online

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….

202004.21
17

Telemedicine becomes reality in India

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…

202004.09
16

Chinese Spice Mix or Masala battle reaches Bombay High Court

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…

202004.08
18

FAQ’s on Well-Known Trade Marks

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…