Copyright Piracy: A Legal Divide
Abstract It is a well settled principle in the framework of the copyright laws, in the field of intellectual property rights, that one cannot trespass an exclusive right of the originator of a particular piece of work. The principle is in line with a renowned proverb that, ‘there are no free lunches in life’. No […]
“Corruption v. Acculturation: A Constant Tussle”
‘Democracy substitutes election by the incompetent many for appointment by the corrupt few.’ – Sir George Bernard Shaw. This piece of quote aptly describes India’s current state of affairs. The following paper explicates the intricacies of corruption in the broadest manner possible. Wherein, every aspect has been touched upon and elucidated in the simplest manner. […]
“COVISHIELD” trade mark dispute: Cutis Biotech v. Serum Institute of India
Recently, a commercial court in Pune refused to pass an interim injunction order[1] to restrain the Serum Institute of India (SII) (defendant)[2] – the world’s largest vaccine manufacturer, from using the trade mark “COVISHIELD” for its vaccine for the coronavirus pandemic. Cutis Biotech[3] (plaintiff), a Nanded-based pharmaceutical and medicinal products company operating since 2010, had […]
The Booking.com Trademark case: “Shaping the Online Space”courtesy SCOTUS
Introduction Trademark law has seen many substantive developments in 2020, with many cases in Europe, India and the United States coming into the limelight. However, the most recent ruling issued by the US Supreme Court (SCOTUS) which touches on the issue of genericism — is perhaps one of the most talked about. Starting with a […]
India’s Top IP Judgments in the Time of COVID-19
The following orders/judgments delivered by various Indian courts and tribunals during these horrid times are not designed to be read in a single sitting, or even in a week’s time. However, the reader should familiarize himself or herself with the general crux and the approach taken by our judiciary during COVID-19 so as to turn […]
Big Basket and Daily Basket in Trademark Row: Bullying, Consumer Confusion or Justified?
Background Recently, India’s largest online grocery portal BigBasket served a “cease and desist” notice to a Coimbatore-based online grocery delivery startup Daily Basket[1], alleging trade mark infringement and brand name violation over the use of the term “basket”. The said notice dated 17-2-2021[2] (the original notice bears a wrong date 17-2-2020) sent by BigBasket lawyers […]
Jaguar Land Rover Defender Trademark case: Shaping up the future?
The first Land Rover Defender, which was intended for life on the farm, began its journey in 1949. The Defender model has had many admirers over the years. One of them was Sir Jim Ratcliffe, a Monaco-based British billionaire turned financier and industrialist and current CEO of the newly formed Ineos Automative, part of Ineos Industries […]
Britannia and ITC in trademark row: Packaging saga intensifies
Recently, a Single Judge Bench of the Delhi High Court comprising of Mr Justice C. Hari Shankar, dismissed a plea filed by biscuit manufacturer Britannia Industries Limited[1] seeking directions against ITC Limited[2] claiming that the defendants i.e. M/s ITC Ltd. and Ors. are manufacturing and selling “Sunfeast Farmlite 5-Seed Digestive[3]” biscuits in adopting a confusingly similar […]
Explained: PhonePe v. BharatPe Trademark Dispute — ‘Pe’/Pay-as-you-go’
Recently, a Single Judge Bench of the Delhi High Court comprising of Mr Justice C. Hari Shankar, pronounced a notable judgment in a commercial suit filed, namely, — Phonepe (P) Ltd. v. Ezy Services.[1] The plaintiff sued the defendants, for permanent injunction, against use, by the defendants, of “Pe” or any deceptive variant of “PhonePe” which […]
“K” SRTCs Trade Mark Row: Paving the Right Path
As things stand, embroiled in a tug of war are two States—Kerala and Karnataka over the right to use an acronym/abbreviation “KSRTC” trade mark, its emblem and nickname “Aanavandi”, which means an elephant vehicle, for their respective road transportation corporations providing services to the general public for decades now. The Kerala State Road Transport Corporation […]