201907.04
12

Functional shape not enough to prove design is functional

What constitutes functionality of a Design has been considered by the court in this case. The court in its ruling determined whether constraints of functionality are such that the design in question is the only design which could have been devised. The product in question is a travel pillow and its ergonomic design. Travel Blue…

201906.21
12

Court not impressed with Asus finding Zen in mobile phones

Two mobiles companies are at loggerheads over use of ZEN as a brand. Teleecare Network India Pvt. Ltd. (Teleecare) had filed suit for trademark infringement and passing off seeking an injunction against Asus Technology Pvt. Ltd. (Asus) from selling, offering and advertising for sale mobile phones, mobile accessories bearing mark “ZENFONE” and/or any other mark…

201906.20
2

Franchise Agreements

India – FAQ’s on Franchise Agreements What is ‘Franchising’? Franchising is the process by  which an entity (Franchisor) that has developed a particular way of doing business expands the business by giving other existing or would be entrepreneurs (Franchisees) the right to use the Franchisor’s proven business model in another location for a definite period…

201905.31
11

India releases new e-commerce policy

Internet penetration and widespread use of handheld devices is fuelling ecommerce in India. With the rise in online purchases of goods and services, complaints about counterfeit goods are also rising. The Department for Promotion of Industry and Internal Trade released a Draft National E-Commerce Policy (hereinafter referred to as the policy) on February 23, 2019…

201905.15
11

Fantasy Sports Capturing Fan passion

Fantasy sports (also called esports) has caught the attention of sports fan. This is exemplified by 1.1 billion valuation of Dream11, in the latest round of funding. Dream11 – the Tencent-backed fantasy sports startup is the poster child of India’s fantasy gaming ecosystem. The mass penetration of mobile 4G, and cheap data, has popularized the…

201905.07
12

Licensor prevails in a dispute over continued use of the brand name post termination

Can a licensee turnaround and claim rights in a licensed mark when faced with termination of the agreement.  The marks in questions are “EURO”, “EUROBOND” and EURO device of a globe. The Plaintiff, Euro Panel Products Private Limited (EPPL) filed suit against the Defendants, Eurobond Industries Private Limited (Eurobond) and ors, to restrain the latter…

201905.05
0

Our lawyers speak on inclusion and equal opportunity employment

Rachna Bakhru was invited to speak at 25th Annual Day of National Thalassemia Welfare Association. The topics covered in discussion were policies of corporate and firms on inclusion and equal opportunity for people with disabilities, legal provisions and practical challenges in enforcement. The attendees included several government officials from Ministry of Health and Welfare and…