International Reports - Archived content

Archived content for India

Luthra & Luthra Law Offices

18 Aug 2010
Balancing legal protection in India

An understanding of the relationship between trademark and design law is essential to protecting trade dress in India. The judiciary has long recognised trade dress and the get-up of goods, and has traditionally provided protection from unauthorised appropriation under the tort action of passing off. Full text

26 May 2010
Securing domain name protection in India

As India continues to present itself as an attractive destination for investment, an increasing number of both Indian and international companies are seeking to assert their trademark rights by obtaining ".in" country-code top-level domains as part of their Indian operations. Full text

31 Mar 2010
Use of Gandhi's portrait on commemorative pen prohibited

Following a writ petition filed by the Centre for Consumer Education before the Kerala High Court, Montblanc has been ordered not to use Mahatma Gandhi’s portrait on a commemorative pen. The petitioner alleged that Montblanc’s use of Gandhi’s portrait violated the Emblems and Names (Prevention of Improper Use) Act 1950. Full text

17 Mar 2010
Choosing the right anti-counterfeiting measures

As the copyright law affords only limited protection to artistic works, IP owners in India often choose to assert trademark rights in cases of counterfeiting. A number of recent cases highlight the anti-counterfeit protections that brand owners can draw on. Full text

20 Jan 2010
Keeping your finger on the pulse

While the courts are applying statutory provisions that afford protection to well-known marks, the lack of guidance on the evidence required to prove that a mark is well known means that brand owners need to rely on judicial precedent in their actions. Full text

02 Dec 2009
Comparative advertising in India – puff under scrutiny

In a landmark decision, the High Court of Madras has attempted to tighten the rules on comparative advertising. However, the ruling may have opened the door to inconsistency in the interpretation of the law in this area. Full text

09 Sep 2009
Registering unconventional trademarks

The Indian Intellectual Property Office is putting together a manual on trademark practice and procedure which provides thorough guidelines on the requirements to register non-traditional marks. This article examines the latest proposals in detail. Full text

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Issue 85