202109.06
9

Madras High Court holds ‘Care’ to be generic

The case note illustrates the inherent difficulty in enforcing rights in a word that is descriptive of services. The Plaintiff, Praba’s V Care Health Clinic Pvt. Ltd (Praba) filed the suit against the Defendant, I-Care Aesthetic Clinic (I-Care), before the Madras High Court alleging trademark infringement, passing off, etc. Praba seeks a perpetual injunction restraining…

202108.27
9

ASCI unveils final Guidelines for Influencer Advertising on Digital Media

Influencer marketing globally is estimated to be a $ 1.75 billion industry. The trend is gaining traction in India, with more and more consumers buying goods online. The Advertising Standards Council of India (ASCI) to regulate this activity had issued the draft guidelines in February 2021 seeking feedback from all stakeholders – advertisers, agencies, influencers,…

202108.27
9

IP for Social Media Influencers and Content Creators

Social media influence is one of the most powerful and successful methods of marketing and advertising. According to a recent study conducted by Adlift, India’s influencer market is valued at $75-$150 million, while the international influencer market is valued at $1.75 billion and is likely to rise further. However, as social media platforms gain more…

202108.25
9

A comedy of errors

The plaintiff, TCF Entertainment Private Limited (TCF), filed the suit against Zee Entertainment Enterprises Limited (Zee) and another alleging trademark infringement on account of their proposed use of the mark ‘Comedy Factory’. Manan Desai, an Indian actor and comedian, originally conceived the mark ‘Comedy Factory’. The mark was later assigned to TCF who is the…

202108.24
9

Telangana High Court Rules ‘Tasty Drops’ similar to ‘Tasty Gold’

Rights over the mark ‘Tasty Gold’ are being asserted by Sri Tulasi Industries (Tulasi) against Sri Sapthagiri Industries and Ors (SSI) for using the mark ‘Tasty Drops’ for edible oil. At the time of admission, an ex parte interim injunction was granted by the District Court (Mahabubnagar). The injunction was set aside by the District Court after…

202108.04
9

Court pulls up petitioner for making false claims

Cattle Remedies (Cattle), registered proprietor of the mark UTEROTONE had filed rectification proceedings before the Intellectual Property Appellate Board (IPAB) for removal of the mark UTROTON in the name of Nishi Gupta (Nishi). IPAB ruled in favour of Cattle, and cancelled Nishi’s registration for UTROTON. The post discusses Appeal filed by Nishi (in the form…

202107.20
9

The Cryptocurrency and IPR enigma

Over the previous few years block chain technologies, particularly getting used as associate innovative technology within the cryptocurrency or NFT’s, has become predominant because of their nature of being permanent and irreversible. With digital transactions changing into the requirement of the hour, NFTs are currently taking the globe by storm particularly for firms that are…

202107.19
23

Goodwill is not a depreciating asset

Under the India Income Tax Act, 1961 (IT Act), there are prescribed depreciation rates for different categories of assets, called the ‘block of assets’ – which contain both tangible and intangible assets. The rates are applicable on the written down value (WDV) of the block of assets. As regards intangible assets, the IT Act provides…

202107.12
23

Bombay High Court: Copyright registration of a label not mandatory

SSPL claimed that NTC was using similar trade dress and labelling for soya bean oil products NTC claimed that SSPL did not own the copyright for the label artwork The court dismissed NTC’s argument that copyright registration is mandatory to maintain an action under the Copyright Act The parties in Sanjay Soya Private Limited v…

202107.09
23

Copyright office Digitize its Services

The official website of the Copyright Office https://copyright.gov.in/ has been modernized, making it more user-friendly. The website now provides several new functionalities, including Status of copyright applications Search facility Information relating to applications received Applications in which a copy of work has to be submitted post-e-filing of the applications Details of applications listed for hearings, etc. The…

202106.02
23

Delhi High court protects Right to Be Forgotten (RTBF)

The concept of RTBF has arisen from the desires of individuals to determine the development of their life autonomously, without being perpetually or periodically stigmatized because of a specific action performed in the past. The proponent of free speech questions whether creating a right to be forgotten would decrease the quality of the Internet through…