Category: Blogs
Laws Surrounding the Intellectual Property of NFTs in India
February 9, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 12:04 pm
Introduction With the Indian Government recently putting a 30% tax on any profit earned through the cryptocurrency market, how far along is it that the fate of NFTs will be sealed the same way? Just like crypto, NFTs use blockchain technology such as Ethereum and
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How the Use of a Trademark Adds Value To Your Business
February 4, 2022
Biswajit Sarkar - IP Law Firm India
Post time: 6:11 pm
Introduction Whether we go shopping for groceries in a supermarket like ‘Spencers’ or to a local sellers hub (sabzi mandi), we are making a subconscious choice or preference, based on the quality of the products, the price point, the goodwill of the brands or service
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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
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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
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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.
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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
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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,
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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
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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
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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
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