Author: Biswajit Sarkar - IP Law Firm India

First to use: Re approved!!

January 19, 2017 Biswajit Sarkar - IP Law Firm India Post time: 6:00 am

We have seen many suits being filed in the Court pertaining to infringement and passing off, but this time the in the trade mark history of India the Court has handed down a judgment where mark is arbitrary in nature. The plaintiff, a small company

Copyright societies under wiggle of scrutiny

January 17, 2017 Biswajit Sarkar - IP Law Firm India Post time: 10:04 am

In a recent decision the country has witnessed another landmark development in the field of copyright. The Delhi High Court has this time pulled the strings of the copyright societies. The three copyright societies namely, the IPRS’s, Novex and PPL have been directed to refrain

Don’t google it: Search it on Google

January 14, 2017 Biswajit Sarkar - IP Law Firm India Post time: 9:50 am

Often the big leviathans try to get hold of small fishes in the water and get away easily. Same is true in the keyword policies of the big giants like Amazon, Uber seeking to divert the traffic of the small ones. Recently Flintobox, a Chennai

Jurisdiction in trade mark cases: settling for the unsettled

January 13, 2017 Biswajit Sarkar - IP Law Firm India Post time: 12:31 pm

The jurisdiction under the trade marks law has always been under the clutches of misinterpretation and misuse by various IP owners in India. Though a well settled provision of law governs the scope of jurisdiction under the trade marks Act, 1999, still a torment has

well-known-ness redefined

January 12, 2017 Biswajit Sarkar - IP Law Firm India Post time: 1:02 pm

A win-win situation is on the go with Mother Dairy winning the trade mark infringement battle against unscrupulous trader. The Delhi High Court at the inception of this New Year has startled the Milk industry with its overwhelming decision on the misuse of Mother

Programme on Intellectual Property with CWEI

January 6, 2017 Biswajit Sarkar - IP Law Firm India Post time: 11:03 am

On the 16th of December, 2016, the Consortium of Women Entrepreneurs of India (CWEI), a Delhi based organization involved in various social work, organized a programme on Intellectual Property Rights (IPR) at Jamuna Banquet in the city of Kolkata. Many distinguished guests enumerated various aspects

New Formula One Edition

December 31, 2016 Biswajit Sarkar - IP Law Firm India Post time: 12:30 pm

In a very recent ruling of the Delhi High Court the trade mark of the Formula One came up with flying colors again. The Court has overruled the ruling of the Advance Authority Ruling (AAR) on the issue of usage of trade marks and logos

Play or Replay

December 30, 2016 Biswajit Sarkar - IP Law Firm India Post time: 5:55 am

The European Court of Justice’s decision was followed by Supreme Courts of Sweden, and it penned down its judgment on “whether broadcast is entitled to copyright protection”. The EJ decision also embarked upon the issue of providing wider privileges to the right holders for facilitating

Sephora “Drunk Elephant” caught in up a Trademark infringement case

November 29, 2016 Biswajit Sarkar - IP Law Firm India Post time: 11:14 am

A trademark infringement suit has been filed by the Green Heart Labs in US District Court on November 4th, claiming that Drunk Elephant Brand of Sephora (online and in stores) is infringing the mark ‘Aha! Moment’. According to the lawsuit, even after the notice was

Trade Mark Registration in Bangladesh

August 20, 2016 Biswajit Sarkar - IP Law Firm India Post time: 4:55 pm

In Bangladesh, the laws related to trademark are governed by the Trade Marks Act 2009 and the Trade Marks Rules, 1963 and is obtained through the Department of Patents, Designs and Trademarks (DPDT). The pre-required essentials for filling of Trademark Application are Name of the

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