Arbitrability of Intellectual Property Disputes

Acquiescence

Assignment of Trademark

Author’s Special Rights (Copyright Act)

Bolar Exemption

Carries on business – 134 (2) TM Act and 62 (2), Copyright Act

Class of Goods/Services is not the Criterion

Comic Book Characters

Common Use in Trade Mark

Communication to the Public

Competition Act vis-a-vis Intellectual Property Rights

Compliance under Order 39 Rule 3 is mandatory

Composite Suits for Trademark & Copyright

Composite suit for Design Infringement & Passing Off

Compulsory License in Copyright

Compulsory License in Patents

(Honest) Concurrent User, Burden of proof

Confidential Information

Copyright and Design, Interplay

Confusion and Trademark Infringement

Consent (to use Trade Mark)

Copyright Board does not have powers to pass interim orders

Copyright in Cinematograph Films

Copyright in Client List

Copyright in Question papers

Copyright in Tambola Tickets

Copyright in Titles

Copyright in Typefaces

Copyright Registration is not Compulsory

Credible Challenge to the validity of Patent

Deceptive Similarity

Defence of Prior User, requires continuous user

Delay and Laches

Descriptive Marks, Non-protection of

Descriptive Marks, Protection of

Design

Dilution of Trade Mark

Disclaimer, Effect of

Dishonest Adoption of Trade Mark

Disparagement, Comparative Advertising or Puffing

Disparagement, Generic

Disruption of business of Defendant, not a ground to deny injunction

Divided Infringement

Doctrine of Equivalents

Domain Name Disputes (Including Cybersquatting)

Family of Marks

Geographical Indications of Goods Act, 1999

Geographical Names, Protection as Trade Marks

Grant of Patents, Date of

Generic Mark

Groundless Threats of Legal Proceedings

Honest and Concurrent User

Invented Mark

Jurisdiction

Laudatory Marks

Licensing (Benefit of use of a Trade Mark)

Marks have to be taken as a whole

Match Scores, Protection of

Merger, Doctrine of     

Modified Use of a Registered Trademark

Monopoly in trade mark is not for the entire class

Moral Rights in Copyrighted Work

Motion Marks

Numeral Marks, Protection of Trademark in

No need to prove actual damage

‘Original’ under the Copyright Act, 1957/ Test of Originality

Passing Off

Passing Off in Exports

Patents Act, Section 8 of

Patent Linkage

Patent, Not Sufficiently Exploited

Person Aggrieved

Personality Rights

Prior Use, Supersedes Prior Registration 

Protection of Plant Variety

Pirator cannot Injunct another Pirator

Publication of Design

Purpose of trade mark protection

Quia Timet Action, jurisdiction issue in

Quia Timet Actions can be instituted in cases of passing off

Quia timet suit, a claim for damages would not be maintainable

Registered Proprietor 

Registered User

Registered Trade Mark

Registrar of Trade Mark

Register of Trade Mark

Renewal of Trade Mark

Revival of Interim Order

Rival Mark, Sales and Use of

Single Letter Marks – Protection/Registration

Smell Marks

Software Patents

Sound Marks

Special Circumstances, justifying non-use of the mark

Suggestive Marks

Trade Dress, Colour Combination & Packaging, Protection of

Trade Mark Infringement, Prominent and Essential Features to be Compared

Trade Mark in Abbreviations

Trade Mark in Translations

Trade Mark-Procedural Laws

Trade Marks Act, Section 124

Trade Secret

Trans-border Reputation and Trade Mark

Trap Purchase/Orders

Triple Identity Test for Trade Mark Infringement

Well Established Patent

World User is the Prior User