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Intellectual property law is the rising sun of India. Churping of birds attract the human attention in morning, like wise, issue of Jurisdiction in IP cases attract the attention of legal fraternity.The issue of Jurisdiction is Venus in the galaxy called ‘IP laws’. Let me discuss the issue of Jurisdiction in IP laws in accordance …

Issues of Jurisdiction in IP laws Read More »

Let me begin this article by way of giving an illustration. Mr. A is a plaintiff who is a registered proprietor of a trademark X and Mr. B is a defendant who is also a registered proprietor of a trademark X1. Both Mr. A and Mr. B are engaged in the identical business under the …

Whether the registration of a trademark of the defendant is a relevant factor to decide the case of passing off action? Read More »

There is a slap on the face of infringers who are using the trademark AMUL with or without knowledge  by  way of the judgement delivered by Honb’le Kolkata High Court on 1st September,2022 in the case of Kaira District Cooperative Milk Producers Union Ltd. & Anr.Vs. Maa Tara Trading Co. & Ors. (CS no..107 / 2020). The plaintiff …

Trademark AMUL is protected Read More »

The history of our nation witnesses that khadi has made revolution in the era of renaissance in our country. ‘Khadi’ became an epitome of the nation at that time. Once again ‘Khadi’ is in the news in the field of intellectual property laws. There was a legal battle between Khadi and Village Industries Commission and …

Khadi under IP protection Read More »

Section 29(4) of the Trademarks Act,1999 (in short the Act) is nectar for the plaintiff in the suit for infringement of a trademark.  The beauty of the provision of S.29(4) is enchanting to the logic and reason. It is an essay in the form of poetry of a few lines. Let me discuss it in …

Applicability of S.29(4) of the Trademarks Act, 1999 Read More »