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Design Patent and Sales on Amazon

Aug 25, 2021 β€’ Nathalia m. fenwick
Amazon has a wide range of intellectual property related policies that helps to protect the registered sellers from others counterfeiting their products.

Color and Trademark Protection

Aug 15, 2021 β€’ Nathalia m. fenwick
The Trademarks Act, 1999 and the Trademark Rules, 2002, essentially protects the shape of goods, packaging and color combinations. According to the Act, trademark means "a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combin...

Product Packaging and Copyright Protection

Jun 25, 2021 β€’ Nathalia m fenwick
Generally, when it comes to product packaging we assume that the only protection by law it can get is of trademark. Trademark law helps to distinguish one seller from that of others in the market. Nowadays, more than the functionality or title, people go by the attractive designs and appealing package. So, sellers are always in a competition to bring out the best and th...

Validity of Non-compete and Non-Solicitation clause

May 31, 2021 β€’ Company360.in
The Non-Compete and Non-Solicitation clauses are well established in Contractual Laws in any partnership between two parties where one side is the employer and the other is the employee. Under the non-competitive provision, the employee undertakes and respects the employer's obligation not to compete with the employer's employees in the existence and lives of the employ...

LANDMARK JUDGMENTS OF TRADEMARK INFRINGEMENT AND PASSING OFF

May 26, 2021 β€’ Company360.in
To prove infringement, it is only necessary to show that the infringing mark is identical or deceptively similar to the registered mark, while in order to prove passing off, it is necessary to show that the marks are identical or deceptively similar in a way that is likely to mislead or create confusion, causing harm to the company's business.

Supreme court re- extends deadlines (due to Covid19 Second wave)

Apr 28, 2021 β€’ Company360.in
Trademark oppositions, Trademark renewal and all court deadlines related to design patent or copyright even highcourts and tribunal are re-extended by the supreme court of India in view of Covid 19 pandemic.

Prior User under Trademarks Act, 1999

Apr 21, 2021 β€’ Company360.in
What is prior use in trademark? who has superior right over trademark, the first to file or first to use, this article briefs about the right of prior user and importance of use of trademark in India.

IPAB ABOLISHED Ordinance 2021

Apr 5, 2021 β€’ Company360.in
IPAB means Intellectual property appellate board, which was Tribunal established for taking care of disputes related to intellectual property matters mainly trademarks, patents, copyright etc. The President has finally given his assent to the Tribunals Reforms (rationalisation of service) Ordinance 2021 on April 4th 2021.With this, the IPAB stands dissolved with effect ...

Patent Infringement In India And Defences For The Same

Apr 4, 2021 β€’ Company360.in
What is patent infringement? What if someone files a case of infringement against you, what you can do to save yourself from patent infringement case. β€˜Patent law’ is a subset of the Intellectual Property law, and is guarded thus by the frameworks of an intangible asset. A patent essentially refers to the patentee’s exclusive right to prevent third parties from selling,...

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