Category: Intellectual Property

Intellectual Property

Gigi Hadid attempts to redefine copyright law

July 8, 2019 Biswajit Sarkar - IP Law Firm India Post time: 7:35 am

Earlier this year model Gigi Hadid was sued by an agency, Xclusive Lee, for posting an image of herself on her Instagram account. The agency was the author of the image and Hadid’s use of the picture violated its copyright. Recently, Hadid had filed a

Trademark Genericide and What Brands Can Do To Avoid It

July 5, 2019 Biswajit Sarkar - IP Law Firm India Post time: 1:09 pm

A trademark distinguishes the goods and services of one seller from that of another. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company’s ownership of the brand. It serves as an identity for the product and can be extremely helpful

Software and Intellectual Property

May 28, 2019 Biswajit Sarkar - IP Law Firm India Post time: 11:54 am

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

The Importance of Service Marks and Trademarks and their Differences

May 27, 2019 Biswajit Sarkar - IP Law Firm India Post time: 12:39 pm

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

WIPO Cybersquatting Cases Reaches a New Record in 2018

May 6, 2019 Biswajit Sarkar - IP Law Firm India Post time: 5:46 am

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

The Special K: Kellogg v. Thanasi Kokkinakis

April 1, 2019 Biswajit Sarkar - IP Law Firm India Post time: 8:58 am

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)

Cadbury Loses Trademark Battle over its Purple Colour

December 11, 2018 Biswajit Sarkar - IP Law Firm India Post time: 7:21 am

Cadbury has hit yet another snag in its decades-long fight to own the right to brand purple, which it has used on its chocolate bars since 1905. Cadbury was unsuccessful in its attempt to patent a purple color, according to the Court of Appeal. “The

How to Use Your Early-Stage Intellectual Property to Raise More Money?

November 24, 2018 Biswajit Sarkar - IP Law Firm India Post time: 2:57 am

The creation of new ideas and innovations in the early stage intellectual property which plays a vital role in the enhancement of all business entities. Intellectual property encourages innovation and creativity among the commercial sectors for the growth of their business. Intellectual property rights need

No Copyright in Taste of Cheese

November 16, 2018 Biswajit Sarkar - IP Law Firm India Post time: 10:52 am

A lengthy legal dispute between two Dutch cheese manufacturers has been resolved by the European Union’s highest court. Levola Hengelo, a company that produces a herb and veggie-filled cheese spread, said that a competitor’s product tasted similar and infringed on its patent. Taste cannot be

Top 5 Intellectual Property Cases

November 14, 2018 Biswajit Sarkar - IP Law Firm India Post time: 2:45 am

1. Kellogg Co. v. National Biscuit Co. In 1893, Henry Perky began making a pillow-shaped cereal and named it Shredded Whole Wheat. John Harvey Kellogg said that eating the cereal was like “eating a whisk broom” and there were several criticisms calling it “shredded doormat”.