Is Sub-Licensing of a Trademark Permitted under the Indian Trade Marks Act?
Last month, I had blogged about the feasibility of a sub-license under the Indian copyright law.
In this blog post, I will examine the issue whether the Indian Trade Marks Act, 1999 (“the TM Act”) permits sub-licensing of trademarks. An oft-discussed issue while working on corporate deals which involve IP...
COVID-19: How Best Can the Indian IP Office Help its Stakeholders?
In these unprecedented times where a pandemic has brought the globe to a standstill, the top-most concern of IP owners (of course, other than to save themselves from COVID-19) would be about meeting deadlines in IP prosecution.
This is because, deadlines in IP prosecution are often hard deadlines, and if...
Should India Join the Geneva Act of the Lisbon Agreement, 2015?
WIPO’s Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (“the Geneva Act”) was adopted on May 20, 2015.
On February 26, the Geneva Act officially entered into force after the European Union acceded to the same. Currently, the Geneva Act is effective in 31 countries (Albania,...
Parachute Disparagement Case: Free Speech, Yes; but Not at the Cost of Falsehoods
This is a rejoinder to Prashant’s recent post, replying to my post on the order of the Division Bench (DB) of the Bombay High Court in the Marico disparagement case.
My post was primarily to point out the factual errors committed by the DB in arriving at its conclusions – not on Marico’s legal strategy, as Prashant...
Bom HC Division Bench Stays Interim Injunction against Vlogger in Parachute Disparagement Case
Last month, I had blogged about Marico v. Abhijeet Bhansali where a Single Judge of the Bombay High Court directed the defendant, Abhijeet Bhansali (‘Bhansali’) to take down (in the interim) an offending video because he prima facie made false and reckless statements about Marico’s coconut oil branded, “Parachute”....
Delhi HC Division Bench Sets Aside Order Restraining E-Commerce Platforms from Selling Goods of Direct Selling Companies
Last week, a Division Bench (DB) of the Delhi High Court set aside a common judgment passed by a Single Judge thereof in July last year in Amway India Enterprises Pvt. Ltd. v. 1Mg Technologies Pvt. Ltd. & Anr.
The common judgment addressed the interlocutory applications filed in seven suits by Direct Selling...
Brand Protection in the Age of Social Media Influencers: Bom HC in Parachute Disparagement Case
What happens when social media influencers such as bloggers and vloggers comment on the quality of branded products recklessly
Earlier this month, Justice Kathawala of the Bombay High Court had granted an interim injunction against one such vlogger’s video in Marico Limited v. Abhijeet Bhansali. The branded product...
Kerala HC Directs Film Release without Script Writer’s Name in ‘Mamankam’ Moral Rights Dispute
This post covers the judgement delivered by the Kerala High Court in Sajeev Pillai v. Venu Kunnapalli & Anr., earlier this month.
‘Mamankam’ is a grand festival which used to be held once in 12 years on the banks of the Bharathapuzha river in Kerala during the 14th to 19th century. The appellant, Sajeev Pillai,...
An Indian Perspective on Singapore HC’s Decision in ‘Isetan Tartan’ Trade Mark Dispute
This post analyses the recent decision of the Singapore High Court in Scotch Whisky Association v. Isetan Mitsukoshi Ltd., that involved the trade mark ‘Isetan Tartan’ owned by the Japanese department store chain, Isetan.
A tartan is a cross-checked repeating pattern of different coloured bands, stripes, or lines...
Charminar Case by the Indian Supreme Court in 1996 and the AG’s Opinion in Sky v. Sky Kick
On October 16, 2019 the Advocate General (AG) of the European Court of Justice rendered an opinion in Sky Plc & Ors v. Sky Kick UK Ltd. & Anr. (“the Sky case”) in a reference by Justice Arnold of the England and Wales High Court (Chancery Division).
The AG’s opinion caught my attention because the opinion...