Case Note: Hawkins Cookers Limited v Murugan Enterprises

By Teesta Lahiri, National Law University, Odisha.

I. A Basic Introduction to Trademarks and Passing Off

For us, beginners at IP, before we proceed further to deal with a landmark judgement in the Trademarks Jurisprudence in India, it is essential that we become slightly better acquainted with two terms, ‘Trademarks’, the chief bone of contention and ‘Passing Off’, the contention. (more…)

Geographical Indications: An Overview

By Dharmendra Lambha, School of Law, UPES, Dehradun.

The concept of the Geographical Indication has developed its importance in recent years especially after the adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) in 1994, which contains a section on geographical indications (GIs). Since then it has attracted attention from producers, trade negotiators, economists, and lawyers. (more…)

The DU Photocopying Case: Opening the Floodgates of Open Access in Indian Education

By Somya Pahi Jena, NALSAR, Hyderabad

Within the premises of the Delhi School of Economics, is situated Rameshwari Photocopy Services, owned by Dharam Pal Singh. To the unassuming eye, it is an ordinary photocopy shop but over the past few months, it found itself at the centre of a watershed legal tussle involving Indian copyright jurisprudence. Today the judgment stands as a landmark for the open access movement in Indian pedagogy and the photocopy shop stands as a reminder of the same.   (more…)

LexQuest’s Online Quiz on IP Law

Update: You can attempt the Quiz now: Click here.

Quizzers Ahoy!!

Here is a shout out to all know-it-alls, to come show off their knowledge on Intellectual Property Law and win a chance to get their articles published on our website, without having to go through any application process (isn’t that amazing? No emails, no phone calls, just a fun quiz to get a publication in your name!) (more…)

C Cubed Technical Scam: An Overview

By Anmol Sinha, Symbiosis Law School, Pune.

One of the most important assets of any business organization is goodwill. The reputation of a company in the market helps it to be the frontrunner in the industry in which it operates. A good name in the business is something which is very beneficial in the long run. Goodwill creates reliability in the minds of the customers that goods or services provided by a particular company is something which can be trusted on. It inevitably leads to increase in consumer base, which ultimately leads to increase in profits. (more…)

Google Books Case: An Analysis

By Tarunika Rajesh, Law College Dehradun, Uttaranchal University.

Copyright laws are a wide, all inclusive, dynamic and developing segment of the Intellectual Property Rights, which is under thorough scrutiny and examination for trying and striving hard towards creating a balance between the liberties and freedom of people involved in the capacity of a writer, publisher, artiste, etc., to ensure that not only are their rights protected but to make certain that they possess the independence to publish, express themselves in any form or manner through any medium. Recently, popular web based search engine Google was mired in a legal controversy that drew a conclusion in 2014. (more…)

Burger King Case: An Analysis

By Chandan Mohanty, KIIT Law School, KIIT University, Bhubaneswar.

With the emergence of competitive market economy, manufacturers began to identify their products by certain symbol, marks or devices so as to distinguish their goods from similar goods manufactured and marketed by others. (more…)

Comparative Advertising–A Necessary Evil

Comparative advertising is a promotional technique in which an advertiser claims the superiority of its product over competing product(s) by direct or indirect comparison. Comparative advertising is defined as advertising that compares alternative brands on objectively measurable attributes or price, and identifies the alternative brand by name, illustration or other distinctive information. (more…)