Expert guidance on Trademark, Patent and Copyright for Indian businesses — straight from our team.
Many sellers try really hard to build a long lasting brand on amazons by selling good quality products on amazon but the more you are selling on amazon the more you are visible to your competitors as well, who will simply try to spoil your name by making your copycat type store for their products
A trademark infringement arises when the registered mark is used/ sold without the consent of the original owner of the registered mark. Secondary liability in trademark infringement is a common law tort principle wherein the third party becomes liable when they in anyway become a part of the infringement, or induces or aids or materially
Law relating to copyright is governed by the Copyright Act, 1957. Copyright is generally granted for artistic, musical and dramatic works and thereby includes computer programme, performer’s rights, sound recordings, chorographical works and cinematographic works. It is the protection granted to the expression of ideas. Such kind of protection enables the original authors, writers, directors,
Generally when we think about trademarks, we think of it as a way to distinguish one’s business from that of others in a competitive market. However, sound can also get trademark registration. Wondering how? This article discusses how sound can get trademark registration and the procedure involved. With the advancement of technology and innovative marketing
The e-commerce sector in India has bloomed into one of the highest revenue generating area over the past few decades and during the lockdown we saw a high dependence on such online portals as frequent lockdowns left us with no other option than buying essential or non- essential things from sellers like Amazon, Flip kart,
Amazon has a wide range of intellectual property related policies that helps to protect the registered sellers from others counterfeiting their products. Over the years several complaints have been filed by the registered sellers against counterfeit products being sold in Amazon and thereby losing their revenue. It was with this intent that Amazon had introduced
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,
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
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
DIFFERENCE BETWEEN INFRINGEMENT AND PASSING OFF In order 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
The Supreme Court In the case of [In re suo motu cognizance of limitation] on Tuesday, April 27, 2021 extended limitation period for the filing of cases in courts and tribunals with effect from 14 March 2021 until further orders in view of the second wave of the COVID19 pandemic. The Supreme Court found that
The intellectual property rights grant a person the right to have ownership over the innovations which are borne out of his creativity. Trademarks are a kind of intellectual property rights which differentiates the goods of an organization from that of others by a symbol, word or sign. Such exclusive right granted to a person includes
IPAB ABOLISHED Ordinance 2021 / आईपीएबी ने रद्द किया अध्यादेश 2021 / Company360 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 tribunal was established to cater the matters specifically related to IPR disputes so that parties may
‘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, using, offering for sale or importing their patented product/ process without their consent. The patent owner or the patentee
TRADEMARK INFRINGEMENT- NIKE v. MSCHF Case Study / ट्रेडमार्क उल्लंघन- नाइके v. MSCHF केस स्टडी Trademark infringement is ongoing exercise and why even today all well-known companies keep filing cases and how it helps any company, this today we will learn through analysing the case of Nike Innovate C.V. vs G. B. Shoe .
SUPREME COURT ENDS EXTENSION OF LIMITATION PERIOD DUE TO COVID-19 The COVID-19 pandemic and the resulting Government imposed nationwide lockdown led to severe distress in the society. The administration of justice could not remain unaffected as the functioning of all the legal authorities, courts, or tribunals was critically hindered. The litigants across the country found
The priority date in patents is the earliest date for filing patent application within the family of patents. In case there is just one patent application, the priority date in this case would be the filing date of the single application for patent registration. On the other hand if there is more than one application
Today we will study a very important topic related to Trademarks, it is common whenever we are starting a business, we as seller try to name the products with words which are somewhere related to our products like for example for payment related services with try include words such as Pay in our proposed Trademarks
An individual’s work has the right to be protected under The Copyright Act, 1957. Stealing someone else’s work is illegal and so is copying it. To protect one’s original work, this act was introduced. It comes under Intellectual Property Rights. Copyright protects variety of works such as write ups, artistic work, products, content, songs or
At company360, we come across many clients daily, where their first question is how to get a Trademark quickly, as more and more businesses a selling online on various platforms they need trademark registration in India, in order to become a registered seller of that brand on amazon, All these online websites gives very special