Artificial Intelligence and Trademark Searches in the Digital Age
The ability of the computer to take decisions by itself came to be known as artificial intelligence. Artificial Intelligence is a general term given to algorithms and software systems capable of adapting their code and actions based on both observable information and identifiable patterns in data. Artificial intelligence (AI) is, at its very core, a […]
Trademark Tussle between Hindustan Unilever and Emami: Fairer-than-a-FairyTale?
Introduction Hindustan Unilever Limited (HUL), a subsidiary of British-Dutch multinational company Unilever PLC and the home-grown Kolkata-based FMCG firm Emami have a history of trademark conflicts and defaming each other in in ads and marketing strategies. In some some of the cases, Emami has had the upper hand as it has also always enjoyed a greater […]
Book review on “Internet Intermediaries and Trade Mark Rights” by Althaf Marsoof
Trademark infringement on the Internet is rampant, and Internet intermediaries play a key role in facilitating infringement online. These intermediaries—which include Internet Service Providers (“ISPs”), hosts that provide digital space or store thirdparty content, and navigation providers—provide essential services to infringers online and may be in the best position to stop infringement. In Internet Intermediaries […]
ITC not Monopolizing ‘Magic’ in “Magic Masala
A seven-year-old legal dispute between two FMCGs was finally disposed of by the Madras High Court on June 10, 2020. The suit was filed by ITC (“Plaintiff”), a well-known company originally engaged in the tobacco business which had successfully diversified into Hospitality Industry, Paper & Paper Board Industry, Agri Based Business Industry and later forayed into […]
Graphical User Interface: Nemesis of the Indian Designs Office
The goal of graphical user interface design is to make the user’s interaction as simple and efficient to accomplish user goals i.e. user-centered design. A design is intuitive when people just know what to do and they don‟t have to go through any training. 1 A graphical user interface is a type of interface that […]
India: ‘Appy Fizz’ v. ‘Fizzy Apple’ Parle Agro Pvt. Ltd. v. Walmart India Pvt. Ltd & Ors.
It is not common that local Indian companies sue multinationals for infringement in India – and win. However, recently, just that happened: Parle Agro Pvt. Ltd. (“Parle ”) sued multinational retail giant Walmart India Pvt. Ltd. and Ors. (“Walmart India”) at the Bombay High Court for violating its trademark/trade-dress when it launched a deceptively similar packaging […]
Trademark Prosecution: Let’s ‘Zoom in’ on Automation and Artificial Intelligence
Artificial intelligence or “AI” is defined as the theory and development of computer systems able to perform tasks that normally require human intelligence, such as visual perception, speech recognition, decision-making, and translation between languages [1]. AI is charting out a course of its own in the Indian IP landscape playing an increasingly important role in the Indian […]
What the Lifebuoy Dettol Dispute Meant for a COVID-Tormented India
A student washes her hands at a school in Abuja, Nigeria, March 20, 2020. Photo: Reuters/Afolabi Sotunde. What happens when two well-known germ-killer brands get at loggerheads during a pandemic over an advertisement? In March 2020, Hindustan Unilever Ltd. (HUL) approached the Bombay high court against Reckitt Benckiser (India) Pvt. Ltd. (RB) claiming the latter allegedly […]
India: Best Practices to adopt for a Robust Intellectual Property Portfolio during COVID-19
Introduction During the current Covid-19 pandemic, businesses and corporations of all sizes – particularly start-ups and budding entrepreneurs, are being pushed to their limits. Even such routine tasks such as paying rent and employees on time have proved to be game changers and given us a chance to examine the way we function, process and […]
Protection for fluid trademarks in India
n order to keep up with a changing world, some companies have used branding and advertising of fluid trademarks (i.e., logos), trade dress in particular. Brand owners have done this during covid-19, trying to pave a way to be creative by embracing consumer engagement through dynamic, attention-grabbing tweaks, and regularly changing source identification. Fluid trademarks […]