Intellectual Property Rights | Personality Rights | Uncategorized

Carson v. Here’s Johnny Portable Toilets, Inc.

Carson v. Here’s Johnny Portable Toilets, Inc. 968 F2D 831 6 circuit 1983 An interesting issue arose before the United States Court of Appeal  for Sixth Circuit. The Plaintiff was the host and star of a show called ‘The Tonight Show’ and was also an entertainer. Since 1962, the Plaintiff was introduced on the show…

Domain Names | Intellectual Property Rights | Trade Mark | Uncategorized

REGISTRABILITY OF ‘GENERIC.COM’ MARKS – PART – I: THE MAJORITY OPINION IN USPTO v. BOOKING.COM

Recently, the Supreme Court of United States held that marks which are generic when combined with a top-level domain name may qualify as registrable marks provided the consumers do not consider them to be generic. The decision is in USPTO v. Booking.com B.V.. By an 8: 1 majority the matter has been decided against USPTO….

Intellectual Property Rights | Personality Rights | Uncategorized

Shilpa S. Shetty v. Magna Publications Co. Ltd. & Ors.

Shilpa S. Shetty v. Magna Publications Co. Ltd. & Ors. AIR 2001 Bom 176 Brief Facts: Plaintiff was a film actress. Defendant No.1 was a publishing house. Defendant No. 2, director of the Defendant No.1 and Defendant No. 3 editor of a Film Journal published by Defendant No. 1 titled “Stardust”. Defendant No 4 was…

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

UNDERSTANDING THE FUNCTIONS  AND RATIONALE OF TRADE MARK, FROM THE MOVIE, ‘PK’

SEASON 1 EPISODE 1 – 27th June, 2020 Introduction In the 2014 movie ‘PK’, a humanoid alien comes to the planet Earth (aka, ‘Gola‘) for a research. Unfortunately, the alien gets stranded on Earth after losing his communication device to connect to his spaceship and eventually ends up exploring different ways of human behaviour, set…

Intellectual Property Rights | Passing Off | Personality Rights | Trade Mark | Uncategorized

Ms. Barkha Dutt v. easyticket, Kapavarapu, Vas

Ms. Barkha Dutt v. easyticket, Kapavarapu, Vas Case No. D2009-1247 before Administrative Panel, WIPO Arbitration and Mediation Center Date of decision: 30th October, 2009 Brief Facts: The Complainant, Barkha Dutt, a known figure in the media and particularly recognised for her reporting from conflict regions filed the present Complaint before WIPO for transfer of domain…

Intellectual Property Rights | Passing Off | Personality Rights | Trade Mark | Uncategorized

Julia Fiona Roberts v. Russell Boyd

Julia Fiona Roberts v. Russell Boyd Case No. D2000-0210 before WIPO Arbitration and Mediation Center Date of decision: 29th May, 2000 The Complainant was Ms. Julia Fiona Roberts, a famous film actress who had appeared in films such as Notting Hill, Pretty Woman, Erin Brockovich etc. The Complainant was widely featured in celebrity publications, movie…

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…

Personality Rights | Uncategorized

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…