Trademark Prosecution: Let’s ‘Zoom in’ on Automation and Artificial Intelligence
Artificial intelligence or “AI” is defined as the theory and development of computer systems able to perform tasks that normally require human intelligence, such as visual perception, speech recognition, decision-making, and translation between languages [1]. AI is charting out a course of its own in the Indian IP landscape playing an increasingly important role in the Indian […]
What the Lifebuoy Dettol Dispute Meant for a COVID-Tormented India
A student washes her hands at a school in Abuja, Nigeria, March 20, 2020. Photo: Reuters/Afolabi Sotunde. What happens when two well-known germ-killer brands get at loggerheads during a pandemic over an advertisement? In March 2020, Hindustan Unilever Ltd. (HUL) approached the Bombay high court against Reckitt Benckiser (India) Pvt. Ltd. (RB) claiming the latter allegedly […]
India: Best Practices to adopt for a Robust Intellectual Property Portfolio during COVID-19
Introduction During the current Covid-19 pandemic, businesses and corporations of all sizes – particularly start-ups and budding entrepreneurs, are being pushed to their limits. Even such routine tasks such as paying rent and employees on time have proved to be game changers and given us a chance to examine the way we function, process and […]
Protection for fluid trademarks in India
n order to keep up with a changing world, some companies have used branding and advertising of fluid trademarks (i.e., logos), trade dress in particular. Brand owners have done this during covid-19, trying to pave a way to be creative by embracing consumer engagement through dynamic, attention-grabbing tweaks, and regularly changing source identification. Fluid trademarks […]
Copyright Piracy: A Legal Divide
Abstract It is a well settled principle in the framework of the copyright laws, in the field of intellectual property rights, that one cannot trespass an exclusive right of the originator of a particular piece of work. The principle is in line with a renowned proverb that, ‘there are no free lunches in life’. No […]
“Corruption v. Acculturation: A Constant Tussle”
‘Democracy substitutes election by the incompetent many for appointment by the corrupt few.’ – Sir George Bernard Shaw. This piece of quote aptly describes India’s current state of affairs. The following paper explicates the intricacies of corruption in the broadest manner possible. Wherein, every aspect has been touched upon and elucidated in the simplest manner. […]
“COVISHIELD” trade mark dispute: Cutis Biotech v. Serum Institute of India
Recently, a commercial court in Pune refused to pass an interim injunction order[1] to restrain the Serum Institute of India (SII) (defendant)[2] – the world’s largest vaccine manufacturer, from using the trade mark “COVISHIELD” for its vaccine for the coronavirus pandemic. Cutis Biotech[3] (plaintiff), a Nanded-based pharmaceutical and medicinal products company operating since 2010, had […]
The Booking.com Trademark case: “Shaping the Online Space”courtesy SCOTUS
Introduction Trademark law has seen many substantive developments in 2020, with many cases in Europe, India and the United States coming into the limelight. However, the most recent ruling issued by the US Supreme Court (SCOTUS) which touches on the issue of genericism — is perhaps one of the most talked about. Starting with a […]
India’s Top IP Judgments in the Time of COVID-19
The following orders/judgments delivered by various Indian courts and tribunals during these horrid times are not designed to be read in a single sitting, or even in a week’s time. However, the reader should familiarize himself or herself with the general crux and the approach taken by our judiciary during COVID-19 so as to turn […]
Big Basket and Daily Basket in Trademark Row: Bullying, Consumer Confusion or Justified?
Background Recently, India’s largest online grocery portal BigBasket served a “cease and desist” notice to a Coimbatore-based online grocery delivery startup Daily Basket[1], alleging trade mark infringement and brand name violation over the use of the term “basket”. The said notice dated 17-2-2021[2] (the original notice bears a wrong date 17-2-2020) sent by BigBasket lawyers […]