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India

“Sometimes you need a firm that will shoot from the hip”: insights from 7-Eleven’s Allison McDade

In an exclusive interview, Allison McDade shared her approach to tackling imitation convenience stores in Asia and explained the challenges stemming from the company’s expansion.

“Sometimes you need a firm that will shoot from the hip”: insights from 7-Eleven’s Allison McDade
29 Oct 2018

India: the dawning of a new day

The Indian trademark office has made significant strides in improving its operations, efficiencies and digital efforts over the past 18 months. We look at how these could shape trademark protection in India in the coming years.

24 Oct 2018

“Counterfeiters have no compunction about hurting or killing people”: exclusive interview with Gilead’s Gretchen Stroud

WTR spoke to Gilead's Gretchen Stroud about the fight against fake drugs being sold on social media, the trademark challenges that arise when drugs go off-patent, and much more.

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16 Jan 2019

Blow for Horlicks as Delhi High Court rules in favour of Heinz in comparative advertising case  

The Delhi High Court has dismissed Horlicks’ application for an interim injunction against Heinz India, holding that an advertiser is allowed to make a comparison with other products as long as such comparison is true. Read more

7 Jan 2019

Protecting and enforcing design rights: India

While the Indian Patent Office has four branches (in Chennai, Delhi, Kolkata and Mumbai), there is only one branch of the Design Office, which is found in Kolkata. Read more

28 Dec 2018

IP India report reveals that Trademarks Registry has more work to do

The Trademarks Registry has made substantial progress to clear the backlog of opposition cases. Nevertheless, with fierce competition among emerging economies, there is more to be done. Read more

23 Nov 2018

Victory for Louboutin as Delhi High Court clarifies responsibilities of online intermediaries

In Christian Louboutin SAS v Nakul, the Delhi High Court has ruled in favour of Louboutin, stating that the safe harbour protection under Section 79 of the Information Technology Act is not absolute. Read more

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Anti-counterfeiting

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3 Sep 2018

Plain packaging in India moves closer following Supreme Court decision and upcoming amendments

In the coming days, new governmental amendment rules in India are set to take effect that, according to one expert, suggest that a move towards full plain packaging in the country is only a matter of time. Read more

30 Jul 2018

The struggle to interpret Indian jurisdiction in online transactions

When it comes to exercising jurisdiction in online disputes, Indian jurisprudence has some way to go – but case law analysis may provide critical insight. Read more

24 May 2018

Procedures and strategies for anti-counterfeiting: India

The Trademarks Act is the principal legislation governing trademarks in India. The act provides both civil and criminal statutory remedies against the infringement of a registered trademark. Read more

15 May 2018

Ferrero awarded Rs1 million in damages for infringement of Ferrero Rocher trade dress

The Delhi High Court has issued a permanent injunction preventing Ruchi International from selling lookalikes of Ferrero Spa’s Ferrero Rocher chocolates. Read more

Brand management

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29 Aug 2018

Safeguarding dynamic marks and slogans in India

Fluid trademarks and slogans are excellent marketing tools as they engage customers and improve sales, but their enforceability remains challenging. Read more

29 Jun 2018

India promises market potential but challenges remain for luxury brands

While luxury brands are increasingly entering the Indian market, proving India’s potential as a destination for luxury products, they face some formidable challenges, including high import duties, lack of quality retail space and the ever-present threat of counterfeiting. Read more

1 May 2018

The rise of licensing in India

Advancements in technology and expanding marketplaces have been key to successful licensing programmes in India over recent years. Local trademark owners and licensees should now follow in the footsteps of international brands and adopt licensing as a core revenue stream. Read more

16 Apr 2018

Start-ups, data privacy and trade secrets

For many start-ups, the data they possess is their biggest source of value. These fledgling companies must have a defined strategy for protecting data as both a business asset and an IP right. Read more

Enforcement and litigation

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16 Jan 2019

Blow for Horlicks as Delhi High Court rules in favour of Heinz in comparative advertising case  

The Delhi High Court has dismissed Horlicks’ application for an interim injunction against Heinz India, holding that an advertiser is allowed to make a comparison with other products as long as such comparison is true. Read more

7 Jan 2019

Protecting and enforcing design rights: India

While the Indian Patent Office has four branches (in Chennai, Delhi, Kolkata and Mumbai), there is only one branch of the Design Office, which is found in Kolkata. Read more

23 Nov 2018

Victory for Louboutin as Delhi High Court clarifies responsibilities of online intermediaries

In Christian Louboutin SAS v Nakul, the Delhi High Court has ruled in favour of Louboutin, stating that the safe harbour protection under Section 79 of the Information Technology Act is not absolute. Read more

29 Oct 2018

How India is helping brands combat counterfeiting

India is removing policy barriers to attract investment, while policy initiatives designed to improve IP rights enforcement look set to yield results. However, the availability of infringing, counterfeit and lookalike products is also on the rise. Read more

Goverment/policy

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17 Apr 2018

WHOIS access charges, NGOs take aim at watch list plans and INTA applauds ‘Brand India’: news round-up

In our latest round-up, we look at a registry’s plans to charge trademark owners for access to WHOIS data and  the war of words over plans for an IP markets watch list. Read more

11 Apr 2018

Customs concerns: counsel identify significant room for improvement in India, Iran and Turkey

Trademark counsel have had their say on the efficiency of customs authorities across the globe – with some of the largest importers of counterfeit goods giving cause for continued concern. Read more

5 Mar 2018

India urged to clamp down on celebrity endorsements; opportunities arise for canny brands

​​​​​​​The Confederation of All India Traders has piled pressure on the Indian Government to pass a new Consumer Protection Bill which contains provisions designed to hold brand ambassadors liable for misleading endorsements. Read more

3 Oct 2017

MLB’s top TTAB user, Thai IP Office gets an upgrade and Russia to introduce “Made in Prison” label: news round-up

In this news round-up, we look at how India may remove the controversial Goods and Services Tax exemption for unbranded food products and how the Chicago Cubs are tackling an increase in counterfeiting. Read more

Law firms

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26 Apr 2018

Private practice perspectives on diversity: “We must push forward in the name of achieving greater equality”

Law firm professionals reflect on the theme of this year’s World IP Day, which highlights the ingenuity and courage of the women who are driving change in our world. Read more

10 Oct 2017

From the EUIPO to the EPO: Campinos elected next president as race to Alicante top spot commences

António Campinos, executive director of the EUIPO, has been elected as the next president of the EPO. He will serve a five-year term from July 1 2018. Read more

12 Sep 2016

Two new free-to-view IP guides now available

World Trademark Review is pleased to announce the publication of the latest editions of Pharmaceutical Trademarks: A Global Guide and India: Managing the IP Lifecycle. Read more

IP offices

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25 Sep 2018

New study finds low IP awareness among students, teachers and scholars in India

Research has found that a significant portion of people studying and teaching at higher educational institutions in India have no awareness of intellectual property rights.  Read more

18 May 2018

India’s revitalised trademark landscape fails to boost leading brands: exclusive data analysis

In this week’s exclusive country data report, we provide a rundown of India’s trademark landscape. We explore the surge in registrations at the Indian IP office, reveal the top filers, and inspect the widespread fall in value of the country’s top brands. Read more

18 May 2018

Flurry of royal wedding marks, Israel added to TMview, and India unveils IP mascot: news round-up

In our latest round-up, we look at a number of trademarks that appear to be related to Prince Harry and Meghan Markle, the USPTO unveiling a new resource center, the sale of the Toys-R-Us brand, and much more. Read more

6 Apr 2018

Trademark offices prepare for the future as users give poor performance grades

The performance levels of the Chinese, Brazilian and Indian trademark offices have clear room for improvement but change could be afoot. Read more

Online

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1 Jan 2018

India: Indian courts respond to thriving online market

With a growing incentive for traders to migrate to online retail marketplaces, Indian courts face a new set of challenges from disputes involving e-commerce Read more

2 Nov 2017

Territorial jurisdiction in the new interconnected world

The Delhi High Court was recently held to have jurisdiction to try a suit despite the defendants being based in the United Arab Emirates. As the defendant sold its goods and services through app stores and e-commerce portals, the court found that online sales are "virtually the same thing as a seller having shops in that place in the physical world”. This decision will help IP owners to take swift action against counterfeiters and infringers which exploit the anonymity of the Internet. Read more

12 Apr 2017

Delhi High Court: eBay not obliged to screen all content hosted on its portal for infringement

In Kent RO Systems Ltd v Kotak, the Delhi High Court has held that an online intermediary is not obliged to screen all information hosted on its portal for infringement. The court disagreed with the plaintiff’s argument that eBay had an obligation under the Information Technology Act to observe due diligence in relation to potential infringements. Read more

1 Mar 2017

India: Should domain names receive the same protection as trademarks?

There is still some dispute in India as to whether domain names should be protected in the same way as trademarks – particularly when it comes to common descriptive words and family names Read more

Portfolio management

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29 Aug 2018

Safeguarding dynamic marks and slogans in India

Fluid trademarks and slogans are excellent marketing tools as they engage customers and improve sales, but their enforceability remains challenging. Read more

29 Jun 2018

India promises market potential but challenges remain for luxury brands

While luxury brands are increasingly entering the Indian market, proving India’s potential as a destination for luxury products, they face some formidable challenges, including high import duties, lack of quality retail space and the ever-present threat of counterfeiting. Read more

1 May 2018

The rise of licensing in India

Advancements in technology and expanding marketplaces have been key to successful licensing programmes in India over recent years. Local trademark owners and licensees should now follow in the footsteps of international brands and adopt licensing as a core revenue stream. Read more

16 Apr 2018

Start-ups, data privacy and trade secrets

For many start-ups, the data they possess is their biggest source of value. These fledgling companies must have a defined strategy for protecting data as both a business asset and an IP right. Read more

Trademark law

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29 Oct 2018

How India is helping brands combat counterfeiting

India is removing policy barriers to attract investment, while policy initiatives designed to improve IP rights enforcement look set to yield results. However, the availability of infringing, counterfeit and lookalike products is also on the rise. Read more

12 Sep 2018

Trademark procedures and strategies: India

The Indian courts have taken the lead in issuing landmark decisions on several issues, including recognition of trans-border reputation and goodwill, trademark violations in respect of unrelated goods, online counterfeiting and protection of celebrity rights. Read more

31 Aug 2018

Fake Warren Buffett fools thousands, Monsta mashes Monster, and Starbucks and Sardarbuksh dispute brews: news round-up

In our latest round-up, we look at a Canadian coalition urging that cigar companies be exempt from proposed plain packaging regulations, the Chinese government promising stricter IP protections, and much more. Read more

3 Aug 2018

MISS EARTH case: ex parte injunction vacated as plaintiff suppressed material facts

An Indian court has vacated an ex parte injunction preventing the defendants from using the mark MISS EARTH as a title in respect of a beauty pageant. Read more

latest

1

Blow for Horlicks as Delhi High Court rules in favour of Heinz in comparative advertising case  

2

Protecting and enforcing design rights: India

3

IP India report reveals that Trademarks Registry has more work to do

4

Victory for Louboutin as Delhi High Court clarifies responsibilities of online intermediaries

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Tracy-Gene Durkin
Director
Washington DC, United States
Sterne, Kessler, Goldstein & Fox PLLC
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