Tag: design

Avoidance Of Certain Restrictive Conditions Under Section 42 Of Design Act, 2000

A plan for organizing elements in the greatest possible way to achieve a specific goal is called Design. In general, a design refers to a product’s visible outer look to the naked eye. It reflects a person’s intelligence and creativity which is then turned into a product. A registered design safeguards a product’s visual appearance … Continue reading Avoidance Of Certain Restrictive Conditions Under Section 42 Of Design Act, 2000

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TM And Design Patent Conflict Example

TM And Design Patent Conflict Example: For a long, when we compare the trademark with that of a design, the inclusion of a trademark in the design was not meant much when we talk about the design patent infringement analysis. In one of the recent cases of Columbia Sportswear North America Inc. vs. Seirus Innovative … Continue reading TM And Design Patent Conflict Example

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Can A Passing-Off Action Be Filed Against The Infringement Of Shape Of A Good? A Case Analysis

Introduction: Have you ever wondered if a bottle shape may be trademarked? Typically, The Designs Act, 2000 protects these aesthetic appearances and establishes the essential specifications that are deemed to be the conditions for a design’s registration under the Design Act, 2000. The shape of bottles, on the other hand, is regarded as distinctive and … Continue reading Can A Passing-Off Action Be Filed Against The Infringement Of Shape Of A Good? A Case Analysis

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Demystifying Fashion Law in India

One of the niche areas of law, Fashion Law, is growing in existence in India. There might not be a central piece of legislation that governs the subject but the realm of fashion, with all its variants, has definitely piqued an interest in the Indian legal fraternity with many exploiting services in the fashion industry. … Continue reading Demystifying Fashion Law in India

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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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Intellectual Property and Their Role in Olympic Games

Hundreds of countries and Thousands of athletes from all around the world participate in Olympic Games; these are the world’s truly global, multi-sport, celebratory athletics competitions. At the Olympics, the world came together to try to win, was inspired and united. Greek and first Olympic inspired the Olympics were held in ancient Greek in 8th … Continue reading Intellectual Property and Their Role in Olympic Games

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Design Protection of Graphical User Interfaces (GUIs)

GUI (Graphical User Interface) often pronounced as “gooey” is the interactive and visual component for computers and electronic devices. A GUI dictates and facilitates the use of icons, windows, menus, screen-layouts, drop-downs, and all sorts of interactive components of an operating system. Over the years, GUIs have driven the software industry with new attractions and … Continue reading Design Protection of Graphical User Interfaces (GUIs)

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Application for Declaration of Invalidity Rejected at EUIPO

The European Union Intellectual Property Office (EUIPO) rejected an Application for Declaration of Invalidity filed against the Registered Community Design of our Client. Our Client, Classik International, is a Partnership Firm based in Nashik, Maharashtra, and primarily deals in pet apparel, clothes, and other pet products. They had a design for “Clothing of Pets” registered … Continue reading Application for Declaration of Invalidity Rejected at EUIPO

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Delhi High Court: Dabur “Sanitize” Soap Can’t be confused with Dettol

The COVID-19 situation has changed the buying behaviour of consumers and in a way changed the way products are being produced to meet the needs of consumers. It has created variations of products in both the hygiene and immunity areas – and most products have found room for themselves in one of these two buckets … Continue reading Delhi High Court: Dabur “Sanitize” Soap Can’t be confused with Dettol

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Jurisdictional Dispute with regards to section 22(4) of Design Act, 2000 and Commercial Court Act, 2015

The Supreme Court case of S. D. Containers vs. M/s Mold Tek Packing [1] was a matter of jurisdictional issue due to the conflict between section 22(4) of the Design Act, 2000 (hereinafter referred to as Act 2000), and Commercial Courts Act, 2015. To understand how Supreme Court addressed the issue, it is important to … Continue reading Jurisdictional Dispute with regards to section 22(4) of Design Act, 2000 and Commercial Court Act, 2015

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