Month: January 2023

Vogue vs Vogue

Introduction The Karnataka High Court awarded Vogue Fashion Institute relief from the claim of trademark infringement initiated by the well-known American fashion magazine, Vogue, in the matter of Vogue Institute of Management & Ors. Vs. Advance Magazine Publishers Inc. The trademark “Vogue,” used by the magazine Vogue since 1892, was registered in India under Class … Continue reading Vogue vs Vogue

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Intellectual Property Rights : Protection of Fashion Designs in India

Introduction With the general popularity of private brands, Indian consumers are looking for ways to access fashion companies, thanks to increased media exposure, more awareness, goals, and a larger share of disposable cash. For these fashion companies, it is not easy to keep the business afloat with the spiralling competition. In order to consistently progress, … Continue reading Intellectual Property Rights : Protection of Fashion Designs in India

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India’s Latest Draft Telecommunications Bill : Continuation of Vague Internet Shutdown Policies

Introduction The Government of India recently proposed the draft “Indian Telecommunications Bill, 2022”, hoping to overhaul the age-old laws that currently make up the regulatory framework for the telecom industry. The bill intends to supersede three pieces of legislation: “the Indian Telegraph Act, 1885”; “the Indian Wireless Telegraphy Act, 1933”; and “the Telegraph Wires (Unlawful … Continue reading India’s Latest Draft Telecommunications Bill : Continuation of Vague Internet Shutdown Policies

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Trademark : Principle Of Territoriality In The Virtual World

Introduction The increased competition among traders and trading companies in the world of commerce led to the development of the trademark concept. A trademark helps differentiate one product or company from another, making it easier for a customer to identify that product or company. The blog focuses on the trademark system’s territoriality principle. The innovations … Continue reading Trademark : Principle Of Territoriality In The Virtual World

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Case Analysis Of Natco V. Assistant Controller Of Patents & Design : Reinstatement Of Natural Justice Principles

Introduction The present writ petition under Article 226 of the Constitution of India is filed at the Hon’ble Delhi High Court by NATCO Pharma Limited (hereinafter as “Natco”) against the Assistant Controller of Patents & Designs (hereinafter as “Assistant Controller”) and Novartis AG against the order passed by the Assistant Controller on 14.12.2022.[i] The present … Continue reading Case Analysis Of Natco V. Assistant Controller Of Patents & Design : Reinstatement Of Natural Justice Principles

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Invisible use of Trademark as Meta-tag: A case for Infringement under sec 29 of Trademark Act

Introduction In India, section 29 of the Trademark Act (hereinafter, the act) outlines what constitutes a registered trade mark infringement. According to Section 29(4)(c) of the act, anyone who uses a registered trade mark in the course of business without being the registered proprietor or using the mark in accordance with a permit, and who … Continue reading Invisible use of Trademark as Meta-tag: A case for Infringement under sec 29 of Trademark Act

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Khadi and Village Industries Commission Suit

Introduction A recognisable phrase, word, emblem, or symbol that identifies a particular product and legally distinguishes it from all other products of its sort is referred to as a trademark. A trademark recognises the company’s ownership of the brand and solely distinguishes a product as being its own. Generally speaking, trademarks are regarded as a … Continue reading Khadi and Village Industries Commission Suit

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M&As in Banking Sector : A Much Viable Strategy

Introduction Mergers and acquisitions (M&As) are the most popular method employed by companies to further their market dominance. Mergers and acquisitions are often regarded as a swift and effective strategy for penetrating new markets and gaining access to cutting-edge technologies. For instance, PNB acquired New Bank of India in 1993. Only one other nationalised bank, other … Continue reading M&As in Banking Sector : A Much Viable Strategy

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Diageo Brands v. Alcobrew Distillerie : Why Did the Court Digress from the Judgement of The Great Galleon

Introduction In Diageo Brands B.V. & Anr. vs Alcobrew Distilleries India Pvt the plaintiff Diageo Brands B.V. approached the Delhi HC seeking injunction against Alcobrew Distilleries India Pvt for manufacture and sale of “Golfer’s shot” contenting the design of the bottle/flask to be an infringement of its “Scotch Hipster” range (Registered Design bearing No. 306577). … Continue reading Diageo Brands v. Alcobrew Distillerie : Why Did the Court Digress from the Judgement of The Great Galleon

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Powers Of Patent Examiner To Raise New Objections During The Course Of Hearing

Introduction The Indian Patent law provides that prior to the grant of any patent each application for patent has to undergo a thorough process of examination once its published. According to Section 11B and Rule 24B (1) (i) the said process of examination begins by filing a request for examination within the timeframe of 48 … Continue reading Powers Of Patent Examiner To Raise New Objections During The Course Of Hearing

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