Protection of Trade dress under Intellectual Property

Introduction IPR (Intellectual Property Right) refers to the legal rights that protect the creative and intellectual works of individuals and organizations. IPR can include copyrights, trademarks, patents, and trade secrets, among other forms of intellectual property. These rights are important for protecting the interests of creators and ensuring that they are properly compensated for their[…read more ]

Geographical Indication-An unexplored IPR

The IPR i.e. intellectual property rights include various types of properties such as trademark, copyrights etc. one of such property which is present in this ambit of IPR is geographical indications or famously known as G.I. A geographical indication is a sign used on products that has a specific geographic origin and includes the qualities[…read more ]

Case Summary of WhiteHat Jr vs Whitehat SR

There have been recent events involving the award of an interim injunction in favour of Whitehat Jr., where claims for trademark infringement were brought against a business utilising “Whitehat Sr” as both a trademark and domain name. An order dated by 12th December 2022 by Delhi high court did specify and clarify a lot of[…read more ]

Importance of IP valuation

“The only thing you really own is what you create; and the only thing you can create without needing someone else to give you raw materials first, is intellectual property”. Caliban Darklock Introduction Intellectual property rights (IPR) refers to the legal rights given to the inventor or creator to protect his invention or creation for[…read more ]

Madrid Trademark application filing

The Madrid Protocol is an arrangement or the system offered by WIPO to get trademark protection in multiple countries through single application. Currently 128 countries are member of Madrid protocol that means you can file trademark application for 128 countries through a single application. In simple words The Madrid Protocol is an international treaty designed[…read more ]

PCT Patent Filing

PCT (Patent Co-operation Treaty) in an international treaty came in to existence in 1970. PCT facilitates patent filing in all its member state countries through single filing. PCT is managed by the World Intellectual Property Organization (WIPO) having head quarter at Geneva and have 156 contracting states/country as on November 2022. When one should to[…read more ]

Why one should not use Deceptively Similar Brand name?  Pidilite Industries Limited v. Fixo Industries

Trademark has been defined as 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 the shape of goods, their packaging, and combination of colours. Once a trademark gets registered and validated, no person other than the owner[…read more ]