Trademark

In a landmark judgement in Amazon Seller Services Pvt. Ltd. v. Amway India Enterprises Pvt. Ltd. & Others, FAO(OS) 133/2019, a Division Bench of the Delhi High Court has permitted e-commerce platforms to sell and advertise products of Direct Selling Entities ("DSEs") without their consent....

In today’s hyper-connected world, social media influencing is one of the most impactful and effective ways of marketing and advertising. But while many of us are familiar with the hashtag culture and the drill used by social media influencers – ‘like’, ‘share’, ‘comment’ and ‘subscribe’, we do not necessarily understand who an influencer actually is....

All Startups start with an idea. An idea that solves an existing problem in a unique way. If your idea is truly unique, you could potentially be the owner of your intellectual Property (IP). This could be done by filing for a combination of patents, copyrights, and trademarks (IP) with respect to your idea....

The Delhi High Court recently restrained multiple e-commerce platforms from selling, offering to sell, advertising, or displaying products in breach of third party agreements. The court's orders, from July 2019, arose out of a set of seven suits filed by direct selling companies against e-commerce platforms, and will have far-reaching consequences for not only e-Commerce companies but also any 'intermediary' that offers a platform, marketplace or forum to users online....

Intellectual Property (IP) not only safeguards just ideas or concepts but protects genuine business assets that are integral to the core services of the business. Obtaining proper IP protection is critical and can make or break a business. The need to protect IP rights across borders has emerged as a significant issue....

Before applying for a company name in India, a stakeholder is required to ensure that the proposed name does not contain any word as prohibited under the Companies Act, 2013 (in Section 4(2) & (3)) read with the Companies (Incorporation) Rules, 2014 (Rule 8). This Rule 8 has been recently amended by the Ministry of Corporate Affairs (MCA), Government of India, by its notification of 10th May 2019, to clarify issues relating to undesirable and similar names of the companies. ...

The branding of a new drug by pharmaceutical companies is a crucial decision for the success of that drug in the market. However, the present regulatory regime in India does not provide any rules or guidelines for selecting a brand/ trade name for a pharmaceutical drug in India. Often, the absence of such guidelines leads to fly-by-night operators or smaller traders attempting to brand their products as closely as possible to the trademark of a reputed drug, even if they do not share characteristics or have the same active ingredient(s). This creates confusion amongst health professionals and pharmacists alike, which further has the potential to endanger the lives of patients and consumers....

The government of India is reportedly considering a proposal to once again introduce limits on the amount of royalty payable by Indian subsidiaries to their foreign parent firms for the use of trademarks and brand names, or for technical services. These limits were last applied in India nearly a decade ago. ...

Intellectual property lawsuits are often about obtaining interim relief in the form of injunctions against parties, sometimes without the court giving them an opportunity to be heard. Usually, the court considers factors of whether a prima facie case has been established, if balance of convenience lies in favour of the complaining party, and whether irreparable loss is likely to be caused if such relief is not granted. ...