Author: Biswajit Sarkar - IP Law Firm India

Software and Intellectual Property

Software and Intellectual Property (IP) are two sides of the same coin. In the software industry, IP relates to a host of ownership rights relating to software. Under the law, there are different methods of protecting these ownership rights. When it comes to software, IP

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The Importance of Service Marks and Trademarks and their Differences

Trademarks are an important aspect of intellectual property. A trademark can be any word, symbol, logo, name, device, color combination or a variation in shape that is used in connection with a specific product or service. A trademark differentiates and distinguishes the goods and services

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WIPO Cybersquatting Cases Reaches a New Record in 2018

According to the Anti-Cybersquatting Consumer Protection Act, cyber squatting refers to registering internet domains containing trademarks with the intention to sell the same to the trademark owner or to a third party. Cyber squatters have a mala fide intention to gain profit from the goodwill

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The Special K: Kellogg v. Thanasi Kokkinakis

Australian tennis player Thanasi Kokkinakis is facing a trade mark dispute against leading breakfast cereal manufacturer the Kellogg Company (Kellogg’s). Kokkinakis has registered his name ‘Special K’, for use in relation to sports clothing, racquets, and sporting events in lasses 25 (clothing), 28 (sporting goods)

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NIZAM’S wins the Trade Mark Battle

The mark “NIZAM” was used by the plaintiff, Rajesh Chugh for the business of selling “kebabs” and other related food items. The plaintiff has claimed that due to the extensive use of the mark and high quality of food items sold under this brand, it

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10 Things To Avoid During A Trademark Survey

The survey for proving and disapproving trademark or where there is likelihood to create confusion are carried out by attorneys to avoid problems.

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What is The Cost for Copyright – A Creative Work in India?

Copyright is the exclusive legal right that is guaranteed to the owner of an artistic work, literary work, musical work and cinematograph films.  An artistic work may be in the form of a photograph, a poem, a novel, a song, and even computer software. The

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Trade Mark Search in India

TRADE MARK SEARCH IN INDIA Introduction A trade mark is generally known as a brand name which helps to identify the goods and services of a particular business house. A trade mark helps to distinguish the goods and services of one business from another. A

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What are the Types of Intellectual Property Rights

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Mc Donald’s fails to keep its trademark “Big Mac”

US based global giant, Mc Donald’s recently lost a legal battle with the Irish food giant, Supermac’s over the “Big Mac” and Mc trademarks. Supermac’s filed a petition before the EUIPO for cancellation of the use of the trademark by Mc Donald’s. The EUIPO said

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