Category: Blogs
What are well known trademarks?
August 10, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 4:48 pm
The name “Amul” has attained an iconic status in India. So much so that even if a third party uses the name Amul for goods other than dairy products, consumers will assume that it is still a product of the original proprietor. It means only
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Protecting brands and trademarks on the internet
August 9, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 2:30 pm
The growth of internet and internet related facilities have made brands shift a major part of their business online, some generating the entirety of their income through online sales. With the rise in such services, these companies have also become susceptible to different forms of
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Plain packaging of tobacco products and trademark
August 8, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 2:06 pm
As anti-smoking sentiment grows throughout the world, governments have increased restrictions on tobacco companies limiting the way they express these brands through advertising and packaging. Presently, governments of more than 100 countries have decided to include mandatory pictorial health warnings on tobacco packs to increase
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Protection of Colour Trademarks
August 6, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 2:44 pm
A trademark as defined under the Trade Marks Act, 1999 includes any word, name, symbol, configuration, device, shape of goods, packaging, combination of colours or any combination thereof that one trader adopts and uses to identify and distinguish his goods from those of others. For
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Ownership of Musical works in Cinematographic films
August 5, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 12:30 pm
Producers of cinematographic films use musical works to invoke a range of feelings which improves the overall experience of the audience. It creates a sense of rhythm and commentary to the segments and scenes which helps shape the emotional responses that make the cinematic experience
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The Doctrine of Joint Authorship
August 4, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 4:46 pm
It is fairly common to come across works which are the creations of multiple persons and authorship vests in all such people that contributed towards the creation of that work. Some common examples include two or more authors contributing towards writing a research paper or
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Assignment of Trademark
August 3, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 10:53 am
Assignment has been defined in Section 2(1)(b) of the Trademarks Act, 1999. According to this section, an assignment has to be in writing and has to be executed by both the assignor and assignee. The assignor or the registered proprietor can assign the trademark for
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Role of Copyright societies in India
August 1, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 7:15 pm
The copyright societies have an important role in the collective management of copyright. They are legal bodies that serve the interests of the copyright owners, users as well as the public. The Supreme Court in Entertainment Network Ltd. v. Super Cassette Industries Ltd. observed that
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Unconventional Trademarks and Registration Challenges
July 30, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 2:24 pm
Besides traditional trademarks that include device, brand, heading, label, name, there is a new category of modern marks that are protected in some countries which are known as non-traditional or unconventional trademarks. They include three dimensional marks, colour marks, sound marks, smell marks, taste marks,
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What is a 3D Trademark?
July 29, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 5:57 pm
Introduction The definition of mark under section 2(1)(m) in the Trademarks Act, 1999 includes “shape of goods” and “their packaging” and any combination of such shape or packaging with other things, fall within the plain and general meaning of the term ‘mark’ thereby making it
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