201908.20
13

Injunctions: Paradigm shift for India’s innovators

The interim or preliminary injunction plays a crucial role in IP cases as the focus of the IP holder is to seek an immediate order to stop the infringing activity so as to protect its market share. For a party seeking preliminary injunction, a three-factor test has been laid down by the courts: 1) to…

201908.13
12

Assessing Modi’s impact on IP landscape

Prime Minister Narendra Modi and his political party Bharatiya Janata Party (BJP), once again won the elections with a clear majority and formed the government in May 2019. This is the party’s second term in a row. Interestingly, during the election campaign, one of the adverts released entitled “Transforming India’s IP Landscape” counted, among others,…

201907.31
12

ASCI guidelines on CELEBRITY ADVERTISING

The price of greatness is responsibility- Winston Churchill Celebrities act as influencers to a common consumer. With a large population of India, living in villages, a celebrity endorsing a product or service, serves as promise of quality and builds instant recognition and credibility. In many cases, the benefits of product or claims made in adverts…

201907.12
12

High Court applies ‘doctrine of necessity’ on seeing huge pendency at IPAB

A recent writ petition before the Delhi High Court (Mylan Laboratories Limited Vs. Union of India & Ors., W.P.(C) 5571/2019 & C.M. Appln. 24540/2019 & 26833/2019) brought to court’s notice gridlock at Intellectual Property Appellate Board (IPAB) with no cases being heard considering the vacancies of technical member for Patents, Trademarks and Copyrights lying vacant…

201907.11
12

Prior use prevails over registration

The siblings, Gopal Sabu and Rajkumar Sabu (Raj) both working together, at one stage, as Directors of Sabu Trade Private Limited (STPL) are now at loggerheads to assert their rights over the mark SACHA MOTI (Pure Pearl) being used in relation to Sabudana (sago) for human consumption. The battle ground is Madras High Court where…

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…