The Bombay High Court has allowed the marks PLASTO and PLAXO to co-exist in respect of similar goods falling in different classes i.e., flexible pipes included in Class-17 and rigid (nonmetal pipes) in Class-19. The order was passed by the Bombay High Court in an appeal filed against the order of the District Judge, Nagpur….
Can the disclaimer of individual words while seeking registration preclude the proprietor from claiming exclusivity over a composite mark containing the said words? This is one of the issues in the instant dispute before the Delhi High Court between two entities running restaurants offering Indo Chinese cuisine. The court concluded the only consequence of such…
It is a settled principle of law that special laws prevail over general laws. However, when the dispute is between two statutes, and both are special statutes in their respective fields which will prevail over the other is to be determined on a variety of factors, including (i) the subject matter in question, (ii) the…
We are delighted to share that Mr. Daleep Kumar, an Associate Partner at RNA Technology and IP Attorneys delivered a comprehensive workshop on August 17, 2023, at the Haryana Police Academy, Karnal. This workshop aimed to raise awareness about the importance of Copyright Law and exploring various enforcement options. The workshop, organized in collaboration…
We are pleased to share that Mr. Chandan Kumar, a distinguished expert in Intellectual Property Rights, recently graced an event organized by the CIPAM in collaboration with Acharya Institute of Management and Sciences. This event was part of a Faculty Development Program hosted in Bangalore on 9th August 2023. Mr. Kumar, as a guest speaker,…
After being cleared by both houses of Parliament, the Jan Vishwas (Amendment of Provisions) Bill, 2023 (JVB) received presidential assent on 11th August 2023 and thus became the law. Several provisions in different Acts have been decriminalised through this bill by removing imprisonment provisions and monetary penalties rationalised. The post discusses the changes made by…
According to a recent report released by Authentication Solution Providers’ Association (ASPA) and the Credit Rating Information Services of India Limited (CRISIL) in 2023, about 25-30% of the products sold in India are counterfeit. Further, around 60-70% of dietary supplements in the market are fake as per 2015 study by Assocham-RNCOS. Counterfeiting not only causes…
The aspect of reputation allegedly earned by the Defendants in the context of their services cannot be of much relevance when it is clear that the Plaintiff is entitled to assert its proprietary rights based on the registered trademark. It is settled law that when an entity decides to use a mark for its goods…
Standard Essential Patent regime envisages a candid and transparent negotiation between a willing licensor (Patentee) and willing licensee (implementer). The regime incorporates mutual reciprocal obligations on both the Essential Patent holder and the implementer. It is not a ‘one way street’ where obligations are cast on the Essential Patent holder alone The Delhi High Court’s…
Mr. Daleep Kumar had the opportunity to deliver a presentation on “Copyright Law and Enforcement” to police officers of varying ranks at the Punjab Police Academy in Phillaur. The engagement spanned a comprehensive 2-day capacity-building program focused on enhancing their understanding of Intellectual Property Rights (IPR) enforcement.
