Introduction  In a recent case of Google LLC v. MakeMyTrip, revolving around trademark infringement, wherein the Delhi High Court examined that whether using a trademark as a keyword on the tech giant’s Google’s website would amount to trademark infringement. This pertinent question holds substantial importance, especially in today’s digital age where e-commerce has thrived. In the current scenario of e-commerce, keyword advertising has become quite common and companies often make use of this technique to improve their outreach.   Background of the case  In this following c ..read more

As known to most Indian, in the country and abroad, the mere reference to “HALDIRAM” has conjured up images of delectable snacks, savoury sweets, and the mouth-watering aromas of India’s cherished culinary heritage. From bustling city streets to quaint rural towns, this homegrown brand has become a fixture in households across the subcontinent and beyond. Finally, the Delhi High Court in its landmark ruling in Haldiram India Private Limited vs Berachah Sales Corporation & Ors[1], has recognized HALDIRAM’S’ preeminent status, declaring the brand’s trademark as “well-known” trademarks. The C ..read more

Introduction In thе еra of thе “World Tradе Organization (WTO)”, global compеtitivеnеss stands as a crucial factor influеncing a country’s tradе and еconomic prospеrity. Among thе agrееmеnts еstablishеd within thе WTO framеwork, thе “Tradе-Rеlatеd Aspеcts of Intеllеctual Propеrty Rights (TRIPS) agrееmеnt”is incrеasingly rеcognizеd as a pivotal еlеmеnt in еnhancing rural еconomiеs, progrеss, еncouraging global tradе and nurturing compеtitivеnеss on a worldwidе scalе. Undеr thе TRIPS agrееmеnt, various forms of “Intеllеctual Propеrty (IP)” such as “patеnts”, “dеsigns”, “tradеmarks”, “copyrights ..read more

About the Course Our “Comprehensive Course On Trademarks and Copyrights” is designed to provide an in-depth understanding of Intellectual Property laws, focusing specifically on trademarks and copyrights. Led by industry experts, the course offers practical insights into the application of these laws in real-world scenarios, mirroring the work done by legal professionals. Participants will not only grasp theoretical concepts but also gain valuable skills and strategies to navigate the complexities of protecting intellectual property rights. Our mission is clear: Empower our students with the t ..read more

The text provides an overview of the upcoming diplomatic conference by the World Intellectual Property Organization (WIPO) regarding the potential creation of a legal instrument aimed at protecting traditional knowledge (TK) and genetic resources (GRs) from exploitation through mandatory disclosure of patent application. First, Key Terms: Traditional Knowledge (TK) refers to the developed and sustained knowledge, skills, know-how and practices that forms part of the tradition, cultural and spiritual identity within a community (or indigenous people) passed down from generations to generations ..read more

Extended Case Analysis on: Hermes International & Anr. v Crimzon Fashion Accessories (Delhi High Court, 2023/DHC/000961) Introduction This comment is pursuant to the case of Hermes v Crimzon.[1] Through this note we shall vitally focus on the stance of Indian courts with respect to ‘well-known trademarks’ and their legal application around the same.  Although well-known trademarks are usually not contended, but nevertheless it becomes imperative to also understand the functioning of substantive law and the distribution of powers to the court in this regard. The primary point of reflec ..read more

For a Greener World Green technology aims to mitigate environmental impact through eco-friendly products, utilizing green energy for a sustainable future. The synergy of IPRs and green tech fosters innovation, supported by the TRIPS agreement recognizing IPRs’ role in growth and sustainability (Article 7). IPR enforcement promotes high-tech advancement, technology transfer, and socioeconomic welfare. Green intellectual property (green IPR) covers innovations benefiting the environment, addressing climate crises. Key to this is the concept of ‘green patents,’ granting exclusive rights to enviro ..read more

Introduction The case of Saera Electric Auto Limited vs. Malak Techno Private Limited (CS(COMM) 223/2024) was heard in the High Court of Delhi on 14 March 2024. Saera Electric Auto Limited, the plaintiff, had filed a suit against Malak Techno Private Limited, the defendant, seeking a decree of permanent injunction. The plaintiff alleged that the defendant infringed upon its trademarks ‘MAYURI’, and by using similar marks ‘MAYUR’, and  for e-rickshaws, identical to the plaintiff’s e-rickshaw products. The Claims for Trademarks The plaintiff, a company incorporated in 2011, claimed ownershi ..read more

Intellectual Property remains at the heart of promoting innovation across jurisdictions. Patent and Trademark litigation play a crucial role in safeguarding and enforcing IP rights in every jurisdiction including India. Principles of natural justice apply to Intellectual property cases just as they apply to other laws, and it is the role of every carrier of law to ensure such principles are followed. In India, the Controller of Patent and Trademarks is bestowed with the power to grant or reject trademarks and patents by using appropriate reasoning as provided under Indian laws governing IP in ..read more

Introduction The intellectual property fraternity has recently witnessed a significant milestone. In the recent landmark legal victory, the plaintiff, Tata Sons won a copyright infringement case against ZINC WATER PLUS. The case revolved around allegations that ZINC WATER PLUS, associated with the defendant Tushar Fulare, had unlawfully used copyrighted material owned by Tata Sons, raising critical questions about the boundaries of creative ownership in the business world. About The Case The dispute between Tata Sons and ZINC WATER PLUS began when Tata Sons accused the defendant of using copyr ..read more