FACTUAL MATRIX: This matter was filed for the permanent injunction against the actions of Defendant, three applications were filed on behalf of Plaintiff, praying for granting interim relief. A Prima facie case was made out and hence an interim injunction was granted in favor of Plaintiff on April 30, 2021. As per this order, it … Continue reading COVID-19 as an excuse for Passing Off: Rejected by Madras High Court

Despite having had numerous judgments ranging from various High Courts across the past several years, the questions pertaining to what amounts to a game of skill and what amounts to mere gambling or a game of chance. Recently, this question was brought before the High Court of Kerala when the notification dated 23rd February 2021 … Continue reading Online Rummy – A Game of ‘Mere Skill’: The Stand taken by Kerala High Court

Digital goods and services are everywhere and have gained prominence because of the continuing pandemic that restricts consumer mobility. Although digital markets are at the center of the contemporary economy, some kind of intervention is now obvious, as well as antimonopoly, to enhance their reactions to consumer welfare. Competition between players guarantees cheap pricing and … Continue reading The Antitrust issues in digital markets – Modifiable anti-competitive conduct of Artificial Intelligence

Sri Lanka has been on the lines of becoming a major hub of business in the South Asia market. Sri Lanka does provide a suitable environment for the business with its improving GDP. Companies always look for a destination that has multiple benefits and has strong business environment. Sri Lanka striving hard for the betterment … Continue reading Getting your Patent Registered in Sri Lanka

The purpose of the Invention Secrecy Act, 1951 The Invention Secrecy Act was created to restrict the exportation of classified information that may be potentially detrimental to the security of the country. In other words, the Act enables governments to impose “secrecy orders” on a patent application that comprises of classified information that is sensitive … Continue reading An Overview on the Invention Secrecy Act of 1951

An overview on trademarks, their significance, and registration Trademarks play a crucial role in reflecting the quality of a product or service. Moreover, it provides a sense of individuality to the brand by differentiating its products and services from other competitors in a particular domain. Trademarks are a valuable asset to a company or a … Continue reading An Overview on the Concept of Dilution of Trademarks

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

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

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

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

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?

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