Shape Marks Protection in India: The Tale of Two Courts

Introduction The paradigm of Trademark law has undergone a sea change and now travels beyond the traditional and conventional concepts of word mark, logo mark and label marks. The definition[1] accorded to a ‘mark’ under the Trademarks Act, 1999 (“Act”) encompasses a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours … Read More

Descriptive Use Defence In Trademark Disputes: How Far Can It Really Be Pushed?

A trademark stands as the face of a business and reflects who is behind the product and what kind of quality to expect. It is the embodiment of origin, goodwill, reputation and quality associated with a particular business. When another business adopts an identical or deceptively similar trademark, it not only infringes on the trade mark, but also attacks on … Read More

When Place Becomes A Brand: The Story Of Geographical Indications And Beyond

Exclusively produced in the Ponduru village in Andhra Pradesh, Ponduru Khadi,also known as Patnulu, has not just remained a fine quality cotton fabric that was once revered by Mahatma Gandhi. As per a recent consideration and allowance by the Intellectual Property Office, this cotton fabric has been accorded the protection of geographical indication (GI), more commonly known as a GI … Read More

Personality Rights and Digital Misuse: Key Takeaways from Delhi HC’s Raj Shamani Order

Introduction With the recent Raj Shamani order, the spectrum of personality rights has seen a new light, moving beyond its conventional association with the film and music personalities and extending into the realm of digital media. IP theft in the Indian creator economy is, unfortunately, very common. The more a creator or their content gains visibility, the more frequently we … Read More