Articles | FLIPSTAAN | ICL Exclusive | Intellectual Property Rights | Trade Mark | Uncategorized

flIPstaan: ‘ANGREZI MEDIUM’ AND THE NECESSITY OF MAINTAINING STRONG BRANDS

SEASON 1 EPISODE 3 – 27th September, 2020 “Aur Jahaan Tak Mhaari Beti Ka Sawaal Hai Wo To Trueford University Jaakar Rahegi, Nahi To Main Ghasiteram Todarmal Ko Par-Poto Nahi” – Champak Bansal, Angrezi Medium Introduction The above quoted dialogue could be loosely translated as “And so far as my daughter is concerned, she will…

Articles | ICL Exclusive | Technology Law

Understanding the scope and ambit of Consumer Protection (E-Commerce) Rules, 2020

Introduction As per Section 101 (2) (zg) of the Consumer Protection Act, 2019 (hereinafter ‘CPA’), the Central Government has the power to make rules to prevent unfair trade practices in e-commerce space. The Central Government has recently exercised its power and has notified the Consumer Protection (E-Commerce) Rules, 2020 on 23rd July, 2020. Thus, the…

Articles | Copyright | Intellectual Property Rights

Difference between assigning and licensing a photograph

When you assign your rights in a photograph for a valuable consideration (fee), that is a complete transfer where you do not retain any rights. On the other hand, when you license somebody to use your photograph, that is merely a permission to use your photograph in certain ways, for a certain period, within certain…

Articles | ICL Exclusive | Intellectual Property Rights | Trade Mark | Uncategorized

A GUIDE TO WELL-KNOWN TRADE MARKS

 “There are marks which are different from other marks. There are names which are different from other names. There are names and marks which have become household words.” – Hon’ble Mr. Justice Mahinder Narain, Hon’ble High Court of Delhi (Daimler Benz Aktiegesellschaft & Anr. v. Hybo Hindustan; 1994 PTC 287) Abstract: Intellectual Property has many…

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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…

Articles | ICL Exclusive | Uncategorized

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…