Category: Uncategorized

Trademark infringement and passing off of Two letter marks On a thoughtful consideration of the rival contentions, we are of the prima facie view that the Appellant not being a holder of registered trademark “PP” any case for infringement is made out and thus no injunction is liable to be granted against the Respondent PP Prime Properties in FAO (OS) […]

Infringement of copyright, breach of confidentially, damages and delivery up etc. The constitutional right of free expression is powerful medicine in a society as diverse and populous as ours. It is designed and intended to remove governmental restraints from the arena of public decision, putting the decision as to what views shall be voiced largely into the hands of each […]

Jurisdiction – Suit for declaration and permanent injunction of Trademark The said submission of the plaintiff is merit-less due to the following reasons:- That the jurisdiction once seen in the light of Clause 4 (k) of the policy read with the paragraph of the compliant, there is clear indication that the compliant has submitted to the jurisdiction at the place […]

Infringement of Copyright Copyright is a type of intellectual property rights and provides you an exclusive right on your artistic works like art, music, cinematographic films. Section 14 and section 33 of Copyright Act, 1957 mentions the copyright infringement. If the owner of the artistic work finds his work is infringes and using by someone, he or she can file […]

Application for removal of Trademark The trademark brings you a unique identity among your rivals and it has some unique reputation of your brand. The trademark registration process is quite long process, it takes minimum of six months to register your brand name if it is a unique name. If you choose your brand name as phonetically or visually similar […]

Registered design in respect of washing machine Undisputedly, the plaintiff’s product is designed to give distinctive appearances. The perusal of the photographs would reveal that all the washing machines are having rectangular shape. It is the first product of the plaintiff which is having rectangular shape on one side and semi-circular shape on the other side. In my considered view, […]

Introduction Intellectual property rights are completely different from the other rights. It is not like a property or normal civil rights. It is related to human creativity. Intellectual property is bringing us to the economical, industrial and cultural developments in our country. As the time passed, intellectual property rights came into priority one and make the people awareness. It is […]

Trademark Infringement and passing off Trademark is one of the intellectual property rights, which brings you the exclusive right on your brand name and gives you the brand identity. The illegal use of another’s brand name is offensive one and will be punishable by the laws of Trademarks Act, 1999. The unlawful usage of Trademarks is called Trademark infringement. Trademark […]

Joint Venture Agreement  Trademark is nothing but the unique identification of your brand name. Brand name provides you a unique identify among your rivals. The Trademarks Act, 1999 mentions the joint venture agreement in Trademark registration process. Order 39 of Rule 1&2 mentions the joint venture agreement. Joint venture agreement is nothing but an agreement between two parties to use […]