DEMYSTIFYING THE DESIGN ACT: UPHOLDING INTELLECTUAL PROPERTY RIGHTS THROUGH ORIGINAL DESIGN PRESERVATION

Introduction: One of the most important legislation of controlling the protection of designs in India is the Design Act, 2000. This act, which was passed with the intention of advancing and defending the rights of designers, is essential to the development of economic growth, innovation, and creativity. India has made significant progress in establishing a … Continue reading DEMYSTIFYING THE DESIGN ACT: UPHOLDING INTELLECTUAL PROPERTY RIGHTS THROUGH ORIGINAL DESIGN PRESERVATION

Protection of Design: Intellectual Property Rights for Fashion Houses in India

India has a very vast and diverse fashion industry which is worth so much money. However, piracy and plagiarism of design is growing concern for the Indian market. As designers and fashion houses are not educated about these laws that are there to protect their artistry work. The Designs Act, 2000, the Trademark Act of … Continue reading Protection of Design: Intellectual Property Rights for Fashion Houses in India

Exploring the Spectrum via Blue bottle case: The Feasibility of Registering Colors as Trademarks for Products

Marico limited manufactures Parachute coconut oil. Parachute is a household name in India with consumers not only using it as a hair oil but also using it as an edible oil. Parachute Coconut oil and its blue bottle have become synonymous. The distinctive blue packaging of the Parachute Coconut Oil serves the dual purpose of … Continue reading Exploring the Spectrum via Blue bottle case: The Feasibility of Registering Colors as Trademarks for Products

Trademark Infringement Alert: Repurposing Bottles Embossed with Another Party’s Mark for Own Products

 Anheuser-Busch LLC v. Surjeet Lal, 2022 SCC OnLine Del 772 Bench:- Justice Prathiba M. Singh FACTS OF THE CASE Anheuser-Busch LLC is the owner of the popular beer brand ‘Budweiser’. They filed for an injunction against M/s. SOM Distilleries and Breweries Ltd. They alleged that their 'BUDWEISER' marked bottles were being reused by the defendants … Continue reading Trademark Infringement Alert: Repurposing Bottles Embossed with Another Party’s Mark for Own Products

Navigating Global Markets: The Madrid System’s Role in International Trademark Protection

INTRODUCTION  In an era of expanding international trade and global business landscapes, protecting intellectual property rights has become a paramount concern for businesses seeking to establish a strong and recognizable presence worldwide. One of the key mechanisms facilitating this endeavor is the Madrid System for the International Registration of Marks. The Madrid Union currently has … Continue reading Navigating Global Markets: The Madrid System’s Role in International Trademark Protection

THE CONUNDRUM OF KEYWORDS : ANALYZING GOOGLE LLC v.MAKEMYTRIP (INDIA) PRIVATE LIMITED AND ORS.

In the realm of business, the significance of Goodwill cannot be overstated as a company's value appreciates with a positive reputation. Customers associate the goodwill of a company with its value, making it an essential factor. A trademark, serving as a symbol of goodwill, derives its value from the perception of the public who consistently … Continue reading THE CONUNDRUM OF KEYWORDS : ANALYZING GOOGLE LLC v.MAKEMYTRIP (INDIA) PRIVATE LIMITED AND ORS.

Whether Banks or NBFCs can levy foreclosure charges on Prepayment of loan?

Introduction In the context of loans, especially home loans or personal loans, foreclosure charges or prepayment penalties refer to the fees charged by Banks or Non-Banking Financial Companies (NBFCs) if the borrower chooses to pay off the loan amount before the stipulated loan tenure. Such pre-payments can be of two types: Part Prepayment and Absolute … Continue reading Whether Banks or NBFCs can levy foreclosure charges on Prepayment of loan?

THE BANKING SECTOR LEGAL SWORD: SARFAESI ACT, 2002

Objective The main objective behind the introduction of this act was the speedy and swift recovery of debts which are significant for the growing economy and matching the international standards determining the Banking sector though the introduction of Asset Reconstruction in the Indian Markets. The importance for the introduction of this act was necessitated with … Continue reading THE BANKING SECTOR LEGAL SWORD: SARFAESI ACT, 2002

DON’T SAY JHAKAAS: YOU CAN NOT USE ANIL KAPOOR’S PERSONALITY RIGHTS

Whether protection can be sought for the personality rights, publicity rights and elements associated with persona such as name, voice, photograph/image/likeness, manner of speaking and dialogue delivery, gestures, signatures etc. against misuse over internet? In the High Court of New Delhi[1], the famous Indian actor Mr. Anil Kapoor has initiated a suit seeking protection of … Continue reading DON’T SAY JHAKAAS: YOU CAN NOT USE ANIL KAPOOR’S PERSONALITY RIGHTS