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Gautam Gambhir v. D.A.P. and Co. and Ors.

Gautam Gambhir v. D.A.P. and Co.and Ors. CS(COMM) 395/2017 before the Hon’ble High Court of Delhi Date of decision: 13th December, 2017  Brief Facts: Plaintiff, Mr. Gautam Gambhir, a prominent International Cricket Player of India had received numerous accolades over the years. Defendant was running a restaurant with the tag line ‘by Gautam Gambhir’, without…

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Commercial Exploitation of Intellectual Property Rights

Intellectual Property Rights have been given protection by nations due to the commercial value they have not only for their owner but also for the nation. An economy strengthens on the basis of two important components pertaining to Intellectual Property Rights, they are the Intellectual Property (hereinafter ‘IP’) vesting in the nationals of a country…

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DEVELOPMENT OF LAW ON REGISTRABILITY AND PROTECTABILITY OF UNCONVENTIONAL TRADE MARKS SUCH AS SHAPE, SOUND, SMELL, COLOUR AND TASTE IN INDIA, UNITED STATES OF AMERICA AND EUROPEAN UNION

Unconventional Trade Marks is always an interesting topic in Trade Marks Jurisprudence. The ambit of Unconventional trade marks is ever expanding even to consider something as vague as taste. With capitalism ever increasing, it has become increasingly important for the business entities to protect whatever they think if used by another will decrease their sales…

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Bayer Corporation and Ors. v. Union of India and Ors.

Bayer Corporation and Ors. v. Union of India and Ors. and Bayer Intellectual Property Gmbh & Anr. v. Alembic Pharmaceuticals Ltd. 2019 (78) PTC 521 (Del); Division Bench Brief Facts 1: NATCO Dispute Bayer Corporation (hereinafter ‘Bayer’) filed a suit for infringement of Patent against Natco. During the pendency of the suit, Natco obtained a…