Author: Biswajit Sarkar - IP Law Firm India

Rooh Afza vs Dil Afza: Trademark Dispute

January 24, 2022 Biswajit Sarkar - IP Law Firm India Post time: 5:39 pm

Recently, the Delhi High Court in Humdard National Foundation vs Sadar Laboratories refused to give an injunction against the defendant’s trademark ‘Dil Afza’. The case was filed by the plaintiff alleging that the defendant’s trademark is deceptively similar to their trademark ‘Rooh Afza’. Both were

Protection of Domain Name In the Indian Context

January 19, 2022 Biswajit Sarkar - IP Law Firm India Post time: 7:04 pm

In a recent case of M/s.matrimony.com Limited v. Silicon Valley Infomedia Private Limited1, the online matrimonial site, Bharatmatrimony.com, got an injunction against infringing their domain name by the defendant from the Madras High Court. Readers may recall that in the famous case of Consim Info

Personal Names and Trademark Protection

January 17, 2022 Biswajit Sarkar - IP Law Firm India Post time: 5:02 pm

Protecting your trademark is related to multiple factors. Learn from the experts and get the guide for a comprehensive solution.

A merry IP Christmas

December 21, 2021 Biswajit Sarkar - IP Law Firm India Post time: 7:01 pm

Holiday season is around the corner and we at Biswajit Sarkar Advocates – IP Attorney always try to celebrate the festivities with intellectual stimulation. In this blog, we have cumulated some great innovations of unclear inventions and questionable application. 1. Automatic fire extinguishing system for

Cultural Inspiration or Cultural Appropriation: a thin line that needn’t be crossed

December 15, 2021 Biswajit Sarkar - IP Law Firm India Post time: 2:42 pm

The act of taking or using things from a culture that is not your own, especially without demonstrating that you understand or appreciate that culture, is known as cultural appropriation. Cultural appropriation has received a lot of attention in the last few decades. Simply described,

Patents And Freedom To Operate

December 8, 2021 Biswajit Sarkar - IP Law Firm India Post time: 3:20 pm

After an invention is patented, the inventor has exclusive rights over the invention. Any infringement thereby is actionable and you have the right to stop others from using or selling your invention. However, getting a patent is not enough to sell your product in the

Novelty of a Design

November 30, 2021 Biswajit Sarkar - IP Law Firm India Post time: 5:02 pm

The goal of the Design Act is to protect and preserve original and novel designs. A design like this can be applied to a specific article that will be produced using industrial procedures or methods. An article with a unique and innovative design gives a

The Doctrine of Fair Use in Copyright Law

November 27, 2021 Biswajit Sarkar - IP Law Firm India Post time: 1:51 pm

Genesis The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection

The World of 3D Printing vs. IPR

November 26, 2021 Biswajit Sarkar - IP Law Firm India Post time: 11:15 am

Have you ever seen, or heard of, printed ears? Or printed hearts? Well, these may sound like something out of a Isaac Asimov novel, but 3D printing has made them our reality. Additive manufacturing, also known as 3D printing, is the technique of creating three-dimensional

Types of Patent Applications

November 25, 2021 Biswajit Sarkar - IP Law Firm India Post time: 2:31 pm

Suppose you and your patent attorney have approved the revised copy of the patent application. It should be filed as fast as possible with the patent office, once that happens. It can be filed in different types. They are based on the following criteria –

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