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TrademarK

13 posts
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  • 109 views
  • 8 minute read

Custom Recordals: How Customs ensure IPR is protected

The 2007 custom rules are a great way for IP rights holders to stop the inflow of counterfeit products in the market. This article is a simple and practical account of how this protection is availed given how complex this process is made out to be. From the generation of UTRN numbers to UPRN Numbers and Bonds, all bases are covered in the piece.
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  • 87 views
  • 6 minute read

Copyright protection for Fictional Characters (Part 2 of 2)

In the first part, Pranjali delved into the coverage of fictional characters under US Copyright sphere along with the theories as well as tests of their protection. In this part, she discusses how these characters get protection in the Indian Copyright sphere. She covers all bases as she does an analysis of the concept of character merchandising and how characters in the public domain are dealt with.
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  • 92 views
  • 5 minute read

HC: The Copyright Registration of the artwork is immaterial for the purpose of proving the use of a trade mark.

The Delhi High Court decreed that the copyright registration of the artwork is immaterial for the purpose of proving the use of the subject trade mark and the court held that the Petitioner was entitled to the benefit of Section 12 of the Act for concurrent registration as it had been in use honestly from many years.
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  • 7 minute read

Not all e-commerce websites intermediaries: Analysis of Christian Louboutin v. Nakul Bajaj & Ors.

Delhi High Court’s single-judge Bench led by Justice Pratibha M Singh has brought in a much-needed clarity on qualification as an intermediary and who can, therefore, use the ‘safe harbour’ provision. The judgment analyses what factors would disqualify an e-commerce website to be categorised as an intermediary.
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