Month: September 2021

Video game streaming and copyright law

Video game industry has gone through a considerable transformation in the last two decades. It is not restricted to one room or between a few individuals playing a multiplayer game. It has crossed the boundaries and streaming platforms like Twitch, Mixer and YouTube Gaming are also getting popular. It has been observed that during the … Continue reading Video game streaming and copyright law

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The Satan Shoe Case: An Analysis of the Trademark Tussle between Nike and MSCHF

Commerce, fashion and branding giant Nike got into a trademark tussle yet again as recently as five months ago when Nike sued Brooklyn based MSCHF Product Studio Inc. over its latest launch of the Satan Shoes in collaboration with the Atlanta based artist “L’il Nas X” over his recent release of “MONTERO (Call me by … Continue reading The Satan Shoe Case: An Analysis of the Trademark Tussle between Nike and MSCHF

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New Corporate Social Responsibility Policy: A Social Conscience

Introduction Today, the corporate world is not only working with the objective of earning profits but, are also working for the benefit of society. The objective of serving society has been now a day a strategy for the corporates and this strategy is known as “Corporate Social Responsibility” (hereinafter referred to as ‘CSR’). For Example, … Continue reading New Corporate Social Responsibility Policy: A Social Conscience

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The DSM Directive and Its Adoption by Member States: Looking Back at EU’s Controversial Copyright Directive

The European Union’s Digital Single Market (DSM) Directive is an ambitious act that seeks to reform the Copyright Law in a multitude of ways, so as to accommodate modern and upcoming digital practices into the copyright sphere. It redefined several areas of the law, and brought along some positive as well as controversial provisions in … Continue reading The DSM Directive and Its Adoption by Member States: Looking Back at EU’s Controversial Copyright Directive

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How Much Do Phonetic Similarities Matter in Trademark Disputes?

Determination of the distinctiveness of marks, despite the standard set by the Trade Marks Act, 1999 under provisions such as Section 9 and Section 11, is a difficult task and often requires judicial insight. As a matter of principle, the examiner/court will have look at the mark in its totality. In recent years, a comparison … Continue reading How Much Do Phonetic Similarities Matter in Trademark Disputes?

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Sports and Ambush Marketing

Ambush marketing is basically a practice in which a rival company or brand attempts to promote its products with another event that already has sponsors. It is simply a situation in which rival associates itself with an event unofficially to breach the full exposure of the sponsors. It’s a form of marketing strategy done by … Continue reading Sports and Ambush Marketing

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Publicity Rights in India: Need for Post-Mortem Recognition

Right to Publicity relates to the right to control one’s identity and ensure protection against any unauthorized use. These rights have been traditionally associated and have been regarded as a facet of the right to privacy of an individual. However, lately, these rights have assumed significance in matters pertaining to intellectual property (“IP”). This is … Continue reading Publicity Rights in India: Need for Post-Mortem Recognition

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IP Battle of the Packaging Containers

Facts: In a recent ongoing battle between two packaging companies, the Indore High Court, on 01.09.2021, finally passed a judgment in favor of the Defendants. The Defendants, in this case, were represented by Adv. Neeraj Grover was assisted by Abhijeet Deshmukh, Meenakshi Orga, and Suvanagana Agarwal of Khurana & Khurana- IP Advocates and Attorneys. Arguments: … Continue reading IP Battle of the Packaging Containers

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Summarizing the interface between Negotiable Instruments Act and the Insolvency Code in P. Mohanraj V Shah Brothers Ispat

Introduction The Supreme Court of India recently pronounced the milestone judgment of P. Mohanraj V. Shah Brothers Ispat Pvt. Ltd. One specific question raised in the said judgment related to whether the scope of Section 14 of the Insolvency and Bankruptcy Code, 2016 (“IB Code”) would cover the magnitude of the Negotiable Instruments Act of … Continue reading Summarizing the interface between Negotiable Instruments Act and the Insolvency Code in P. Mohanraj V Shah Brothers Ispat

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Fantasy Sports in India: A Report

BACKGROUND With a lot happening in the realm of Fantasy Sports in the Country, this report aims to explain the rise of fantasy sports in India, the legality aspect, the regulatory requirement, the present position and such other complexities around the subject. INTRODUCTION Being able to recreate sports teams and enjoy what it feels to … Continue reading Fantasy Sports in India: A Report

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