Intellectual Property Law

Trademark Registration – The Complete Procedure under the Trade Marks Act, 1999

Leave a Comment / Trademark Article

A trademark is among the most commercially significant assets a business can possess. It is the sign by which consumers identify the source of goods or services, the vessel that carries a brand’s reputation and the legal instrument through which that reputation is defended. In India, the law governing the registration and protection of trademarks […]

Trademark Registration – The Complete Procedure under the Trade Marks Act, 1999 Read More »

Twentieth Century Fox Film Corporation v. Sohail Maklai Entertainment Pvt. Ltd. & Anr.

Leave a Comment / Copyright case laws

Bombay High Court | Notice of Motion No. 2847 of 2010 | 14 October 2010 | Smt. Roshan Dalvi, J. Background Twentieth Century Fox Film Corporation, the plaintiff, held copyright in the script and screenplay of its 2002 Hollywood film Phone Booth. The copyright was originally authored by Larry Cohen and assigned to the plaintiff

Twentieth Century Fox Film Corporation v. Sohail Maklai Entertainment Pvt. Ltd. & Anr. Read More »

Ruston & Hornsby Ltd. v. The Zamindara Engineering Co.

Leave a Comment / Trademark case laws

Supreme Court of India | September 8, 1969 | Civil Appeal No. 1274 of 1966 V. Ramaswami & J.C. Shah, JJ. Background Ruston & Hornsby Ltd., a company incorporated in England with its registered office at Lincoln, is engaged in the manufacture and sale of diesel internal combustion engines and their parts. Its Indian subsidiary,

Ruston & Hornsby Ltd. v. The Zamindara Engineering Co. Read More »

Low Heat Driers Pvt. Ltd. v. Biju George

Leave a Comment / patent case laws

O.S. No. 3 of 1999, decided on 17 May 2010 (Kerala High Court) Background Low Heat Driers Pvt. Ltd., a company incorporated in 1987 and engaged in manufacturing drying equipment for agricultural produce, claimed to have developed a novel device for smoke drying of agricultural products, particularly ribbed rubber sheets. The invention was attributed to

Low Heat Driers Pvt. Ltd. v. Biju George Read More »

M/S Heinz Italia & Anr. v. M/S Dabur India Ltd.

Leave a Comment / Trademark case laws

Supreme Court of India | May 18, 2007 | Civil Appeal No. 2756 of 2007 B.P. Singh & Harjit Singh Bedi, JJ. Background The trademark “Glucon-D” was originally registered in India in 1975 in the name of Glaxo Laboratories (Class 30 under the Trade and Merchandise Marks Act, 1958), though Glaxo had been using the

M/S Heinz Italia & Anr. v. M/S Dabur India Ltd. Read More »

Dr. Aloys Wobben & Another v. Yogesh Mehra & Others

Leave a Comment / patent case laws

Supreme Court of India | Civil Appeal No. 6718 of 2013 | Decided: 2 June 2014 Bench: Justice Jagdish Singh Khehar & Justice A.K. Patnaik Citation: AIR 2014 SC 2210 | (2014) 15 SCC 360 Background Dr. Aloys Wobben, a German scientist-engineer and one of the world’s largest manufacturers of wind turbines, held approximately 2,700

Dr. Aloys Wobben & Another v. Yogesh Mehra & Others Read More »

V.T. Thomas & Ors. v. Malayala Manorama Co. Ltd.

Leave a Comment / Copyright case laws

Kerala High Court | Sukumaran J. | 7 December 1987 AIR 1989 Kerala 49 | (1988) 1 Ker LT 433 Background V.T. Thomas – popularly known as “Toms” – is the celebrated cartoonist who created the beloved characters Boban and Molly, a cartoon series featuring a mischievous child duo along with their family, which was

V.T. Thomas & Ors. v. Malayala Manorama Co. Ltd. Read More »

Zee Telefilms Ltd. & Film and Shot v. Sundial Communications Pvt. Ltd.

Leave a Comment / Copyright case laws

Bombay High Court | A.P. Shah & D.K. Deshmukh JJ. | 27 March 2003 2003(27)PTC457(Bom) Background Sundial Communications Pvt. Ltd. (Plaintiff No. 1)- a television production company, conceptualized a show titled Kanhaiyya (later renamed Krish Kanhaiyya) in early 2002. The concept centered on Bal Krishna appearing in child form in a dysfunctional rich family, helping

Zee Telefilms Ltd. & Film and Shot v. Sundial Communications Pvt. Ltd. Read More »

The Role of the Trade Marks Registry – Structure, Functions and Jurisdiction

Leave a Comment / Trademark Article

Every trademark right in India passes through a single institutional gateway: the Trade Marks Registry. It is the administrative body that receives applications, conducts examination, publishes marks for opposition, grants registration, maintains the official register, and adjudicates a wide range of inter partes proceedings. Without the Registry, the statutory scheme of trademark protection under the

The Role of the Trade Marks Registry – Structure, Functions and Jurisdiction Read More »

Originality as the Foundation of Copyright Protection in India

Leave a Comment / Copyright Article

Copyright protection does not extend to every work that a person produces. It extends only to works that are original. This single requirement – originality – is the gateway through which all claims to copyright protection must pass. It is at once the most fundamental concept in copyright law and, in many ways, the most

Originality as the Foundation of Copyright Protection in India Read More »