Trademark: A Sign of Recognition?

By Vignesh Ganesh, G.J. Advani Law College, Mumbai.

“What is in a name?” I am sure you would have heard these immortal lines by the famous playwright, Shakespeare. This line sounds cool in the literary sense, but if Shakespeare knew of the exclusive value this line held in terms of intellectual property rights, he would definitely find the irony greater. (more…)

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…)

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…)

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…)

Injunction against OnePlus: A Critical Analysis

By Sagarika Chandel, KIIT School Of Law, Bhubaneswar.

A legal battle has been waging in India between one of the largest Indian mobile handsets company, Micromax Informatics ltd. and the Chinese smartphone start-up company Shenzen OnePlus Technology Co. ltd. over the rights to distribute the commercial version of the Android based open source operating system called ‘CyanogenMod’. The crux of the case lies in the fact that a U.S based company engaged in developing mobile software, one of which is Cyanogen entered into an exclusive use agreement with Micromax when it already had an agreement with OnePlus. To understand the case, it is necessary to delve into the agreements of the respective companies. (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…)