About Authors:
1. Ankith Kumar, specialised in IPR, is a practising advocate at Eshwars and Madras High Court
2. Harshita Jain, specialised in IPR and Technology Law, is a practicing corporate lawyer at Consultancy & Advisory firm.
INTRODUCTION
A distinctive mark is a trademark that possesses unique characteristics, enabling it to be easily...
A dispute arose between the Shorts International Limited (“SIL”) and Google for the use of the term "Shorts" (as used in YouTube Shorts). During the course of the hearing in Shorts International Limited v. Google LLC, Google defended successfully its use of the term "Shorts" on its YouTube platform,...
THE CADBURY CASE
The UK’s Court of Appeal recently rejected the trademark alteration application filed by Cadbury, where it claimed larger protection over the purple hue. The altered specification pleaded for stated - “ applied to the whole visible surface, or being the predominant colour.” It sought to remove the...
Contextualization
Crimes/wrongs are meant to be prevented for the smooth functioning of society. Right? But whether they are crimes per se i.e. wrong in every sense or they are a crime because the law says so and therefore worth stopping is a quintessential question of this debate (Read more here)....
(Zidd (Urdu/Hindi word) = insistence, persistence or doggedness.)
Judgments, especially of higher courts, are juggernauts capable of jamming future judgments of the lower courts (and sometimes even the similar stature courts). Aren’t they? After all, this is how Stare Decisis works in common law countries - precedents possess legal piety....
About The Authors-
Aditi Gupta and Harsh Kamdar are fifth-year law students at the Institute of Law, Nirma University with keen interest in the field of Intellectual Property Rights and Media & Entertainment Law.
Can “square packaging” of the chocolates provide exclusive rights to its owner? It was answered in affirmative in...
I am pleased to bring to you our next guest post by Sudarshan Mohta. Sudarshan is a Mumbai based lawyer pursuing media and entertainment laws and is currently working with Shemaroo Entertainment Ltd. He had earlier written a post for us on intermediary liability here.
On 16th November, 2018, a permanent injunction restraining...
Background:
In a landmark judgment titled Kent Cables v. Kent RO, pronounced by Justice Jyoti Singh on May 30, 2023, the Delhi High Court permanently restrained Kent RO from manufacturing and selling fans under the trademark “KENT”. The court analyzed complex legal propositions and, based on prior use and goodwill,...
What happens when a name becomes the basis of a battle of identity, commerce, and creativity? This question lies at the heart of the dispute between the pop sensation Katy Perry, the famed ‘I Kissed a Girl’ singer, and a simple fashion designer, Katie Perry from Australia. In a...
