Delhi High Court injuncts STREET ARMOR trademark in a suit by Under Armor Inc
In Under Armour, Inc. v. Aditya Birla Fashion & Retail Ltd, Under Armour Inc (UAI), the American company trading in sports apparel, took Aditya Birla Fashion & Retail Ltd (Aditya Birla) to the Delhi High Court for trademark infringement.
UAI asserted its rights in its registered trademarks UNDER ARMOUR and STRT ARMR against Aditya Birla’s trademarks STREET ARMOR, STRT ARMR and a logo...
Netflix and IP – The Rise and Rise of the OTT Platform Globally
In 2007, when Netflix switched from being a DVD rental store to providing online streaming services, the over-the-top (OTT) media service was considered a joke. How could online streaming compete with cable TV? But today, OTT platforms like Netflix, Disney+, and Amazon Prime Video have changed how the world ‘watches TV’!
While Netflix built an...
Draft Trade Marks (1st Amendment) Rules, 2024
The Department of Promotion of Industry and Internal Trade (DPIIT), under the Ministry of Commerce and Industry, Government of India, has notified the draft Trade Marks (1st Amendment) Rules, 2024 (draft Rules) and invited public suggestions and comments before February 9, 2023.
The draft Rules introduce two prospective provisions, Section 112A and 112B, to the Trade Marks Act, 1999 (Act) by...
Misleading Advertisements and Trademarks – A Registration Conundrum
K&S Partners and The Advertising Standards Council of India (ASCI) have recently released the report "Misleading ads and trademarks - a registration conundrum" which investigates how brands use misleading claims as trademarks and deceive consumers.
Consider a case where a descriptive trademark like ‘ALL WOOL’ has been...
The IPAB abolition: Insights from India – Asia IP Law Publication
When the Intellectual Property Appellate Board was suddenly abolished in April, lawyers across India were taken by surprise. Espie Angelica A. de Leon finds out just what lawyers are thinking of its abolition in this eulogy to the IPAB.
When the Intellectual Property Appellate Board was suddenly abolished in April, lawyers...
K&S Partners are contributors in the second edition of ‘International Copyright Law
Copyright law in India is governed by the Indian Copyright Act 1957 (the Act), as amended from time to time.
The most recent amendments to the Act came into effect on 4 April 2021 through the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021.What can be protected?The expression ‘work’ is defined...
Amul wins infringement case in Canada
The Court also awarded Amul, the eighth largest milk processor in the world, with damages in the amount of CAD32,733 (US$26,049).
The Federal Court of Canada ruled in favor of Amul, a famous homegrown dairy brand from India, in a trademark and copyright infringement case in the North American country.The victory marked...
K&S Partners are contributors in the second edition of ‘International Copyright Law’
Copyright law in India is governed by the Indian Copyright Act 1957 (the Act), as amended from time to time.
The most recent amendments to the Act came into effect on 4 April 2021 through the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021.What can be protected?The expression ‘work’ is defined...
Branding Lessons on Indian Independence Day from Legal Perspectives
The Emblems and Names (Prevention of Improper Use) Act, 1950 (“the Emblems Act”) prevents the improper use of certain emblems and names for professional and commercial purposes.
Exactly 75 years ago, at the stroke of midnight, India got freedom from the British rule to become an independent nation. Every year, 15th August...
Blend In or Stand Out? Branding Blunders of Indian Startups
Being low in descriptiveness makes a trademark high in exclusivity.
There is something about the recently concluded first season of Sony Liv’s reality TV show Shark Tank India that would bother intellectual property (IP) lawyers. While pitching their business ideas to the sharks (potential investors forming the panel of...