Read Full Article ABOUT THE AUTHOR Latha Nair Latha Nair is a Partner with K&S Partners and has over 27 years of experience in the domains of mechanical engineering and
The first legal challenge to generative artificial intelligence models in India surfaced last week when news agency ANI filed a lawsuit against OpenAI in the Delhi High Court alleging copyright
Discover how Artificial Intelligence (AI) intersects with copyright law as recent court cases and global developments shape the ongoing debate. Gain insights into how different countries, including the UK, India,
Latha R Nair, Partner and Practice Chair – Trademark, and a global voice in Geographical Indications (GIs), contributes a chapter to the newly released book, “Worldwide Perspectives on Geographical Indications”
Significant changes to benefit patent applicants and owners The Delhi High Court ruled on two appeals involving Google’s use of trademarks as keywords in its Ads Program, finding that using
Reverse passing off is not something that courts encounter every day. It occurs when a defendant purchases a plaintiff’s product, repackages, and sells it under the defendant’s mark or name,
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
The GI Act enacted in 2003 was believed to revive the dying handloom industry in India. However, 19 years later, the benefits failed to trickle down to the rural workers.
India, being a pioneer in geographical indication protection in the region, must take the lead and be the first one in acceding to the Geneva Act, which offers protection to
Last week, Kapil had written a guest post giving an alternate interpretation to the arguments in my post on the impermissibility of sub-licensing arrangements under the Trade Marks Act, 1999 (‘the TM Act’). The
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
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
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
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
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
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.
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
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
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
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”)
Earlier this year, Justice Rajiv Sahai Endlaw made a concluding remark on the “non-essential verbosity” of a plaintiff in a civil dispute [Nikita Gupta v. Alok Gupta (May 21, 2019)]. He
In a much-lauded decision, Justice J. R. Midha of the Delhi High Court has made it easier and quicker for applicants to appeal a decision of the Registrar of Trade Marks
Read Full Article ABOUT THE AUTHOR Latha Nair Latha Nair is a Partner with K&S Partners and has over 27 years of experience in the domains of copyright, trademark, and
The acid test for a GI product, therefore, is whether the consumers perceive it to originate from a certain geography and attribute the qualities, characteristics or reputation to that region.
Recent conversations around geographical indication have involved cases such as a GI tag on Alphonso mangoes from Ratnagiri and Sindhudurg, the Coffee Board applying for GI to protect Araku coffee,
The recent controversy between the States of West Bengal and Odisha over the intellectual property (IP) rights over a sweetmeat raises several questions on the propriety of registering every regional
Latha R. Nair, a partner at K&S Partners in Gurgaon, sees India’s efforts to expand accessibility beginning even further back. The Daisy Forum of India was launched as early as
