India

The risk factor in religious marks: a study of four major jurisdictions

An Indian court recently ruled that God's name was registrable as a trademark. We spoke to experts across four key jurisdictions about the different risks brands should be aware of before registering a religious name as a mark.

The risk factor in religious marks: a study of four major jurisdictions
19 Dec 2019

A year in review: trademark experts in Asia-Pacific reveal their expectations for 2020

With the Summer Olympics taking place in Tokyo and the protection for geographical indications on the horizon in Russia, we head east to determine what experts in Asia and Oceania have learned from 2019 and how brand owners in these jurisdictions can best prepare for the next 12 months.

12 Dec 2019

Meme theft: how legal should engage with social media marketing to handle repost crises

Social media marketing departments are reposting UGC on their own sites often with little or no credit to the original creator, which should ring alarm bells for trademark counsel.

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2 Jan 2020

Better together: licensing best practice for the Indian market

India is one of the fastest growing economies in the world and has seen a spurt in inbound as well as outbound investments involving trademark licensing agreements. However, there are crucial legal considerations to balance with commercial plans. Read more

19 Dec 2019

Highlights from India’s IP office annual report 2017 to 2018 

Patent applications filed at India’s IP office increased by 5.3% during 2017-2018. Read more

19 Dec 2019

India market analysis

With a population in excess of 1.2 billion, India is anticipated to surpass China to become the most populous country on earth as early as 2024 – and yet, many interviewees say that the fifth-largest economy is far from reaching its full potential in IP generation and protection. Read more

19 Dec 2019

Protecting intellectual property in media and broadcasting

The Indian media and broadcasting industry has grown by leaps and bounds in the past three decades. Read more

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Anti-counterfeiting

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21 Aug 2019

From Jumia to Ozon: the regional e-commerce sites that rights holders need to be policing

Outside of North America and China, new ecommerce marketplaces are springing up at an increasing rate. As these regional platforms grow, infringers have swarmed to them in response to the global platforms’ growing anti-counterfeiting efforts. Read more

23 May 2019

Bombay High Court quotes Mahatma Gandhi in yet another decision imposing heavy costs on infringers

In Nippon Steel & Sumitomo Metal Corporation v Jain, the Bombay High Court has decided to make an example of the defendants and imposed hefty costs of Rs50 million. Read more

14 May 2019

Procedures and strategies for anti-counterfeiting: India

The Penal Code sets out punishments for cheating, counterfeiting and possession of instruments for making counterfeits, among other things. The code’s provisions can be invoked in criminal actions, in addition to the provisions of specific statutes. Read more

15 Mar 2019

Beyoncé trademark battle, Saudi fees fall, and HP on Paraguay fakes approach: news digest

In our latest edition, we look at India taking a step towards aligning itself with the global trademark system, Ghostbuster Dan Aykroyd prevailing in an infringement case, and much more. Read more

Brand management

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22 Jul 2019

Why India’s colour-coded label plan should be a concern for FMCG brand owners

The Food Safety and Standards Authority of India is currently seeking comments on the draft of its new labelling and display regulation. In this guest post, rights holders in the food and drinks industry are warned over its potential negative impact on product packaging. Read more

14 Mar 2019

India’s upcoming data protection regime

India is on the cusp of enacting its first comprehensive legislation on data protection, a natural fallout of the nine-judge constitution bench of the Supreme Court recognising the right to privacy as a fundamental right in the historic judgment Justice KS Puttaswamy v Union of India (24 August 2017). Read more

25 Feb 2019

The digital revolution and the future of India’s financial service brands

India's banks operate in one of the world's most active fintech markets. As fraudsters try to take advantage, financial companies must be ready to stop brand infringement. Read more

25 Feb 2019

The digital revolution and the future of India’s financial service brands

India's banks operate in one of the world's most active fintech markets. As fraudsters try to take advantage, financial companies must be ready to stop brand infringement. Read more

Enforcement and litigation

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2 Jan 2020

Better together: licensing best practice for the Indian market

India is one of the fastest growing economies in the world and has seen a spurt in inbound as well as outbound investments involving trademark licensing agreements. However, there are crucial legal considerations to balance with commercial plans. Read more

10 Dec 2019

Frozen 2 versus Christian Louboutin: could Anna’s red-soled shoes lead to a trademark dispute?

In Disney's Frozen 2, main character Anna is seen wearing red-bottomed boots, with some claiming a similarity to the iconic footwear of fashion brand Christian Louboutin. We speak with IP experts on the issues potentially at play. Read more

10 Dec 2019

Geo-blocking or global take-down? Facebook keeps the question alive in Indian dispute

We highlight the implications of a developing dispute in India, where a court recently issued a blocking order directing Facebook, Google, YouTube and Twitter to take down and remove, on a global basis, particular defamatory videos. Read more

9 Dec 2019

Litigation procedures and strategies: India

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Goverment/policy

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24 Jul 2019

China, India, US rise; Japan, Singapore, UK fall – Global Innovation Index 2019 report released

WIPO has revealed the world’s most innovative countries. In a new report it places Switzerland, Sweden and the United States at the top of the list, with the Netherlands, Singapore and the United Kingdom falling down the rankings.  Read more

10 Jul 2019

Petition against use of ‘Bharat’ in Bollywood film title dismissed

The Delhi High Court has dismissed a writ petition seeking a stay on the release of Bollywood film Bharat under the Emblems and Names (Prevention of Improper Use) Act. Read more

29 Apr 2019

How brands can avoid backlashes and PR blunders during India’s election

As India’s Lok Sabha elections reach their apex, multiple international and domestic brands have made a stamp on the election with intriguing marketing campaigns. Local experts tell WTR about the opportunities and risks of this activity. Read more

9 Apr 2019

Cabinet approves India’s accession to Nice, Vienna and Locarno Agreements

In a move that is hoped to boost the confidence of foreign investors, the Union Cabinet has approved the accession of India to the Nice Agreement, the Vienna Agreement and the Locarno Agreement. Read more

Law firms

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23 Jan 2019

You get what you pay for? Variances in law firm hourly rates revealed

New research has revealed the variance in the hourly rates charged by law firm practitioners for trademark-related work in key jurisdictions, with the hourly rate for a partner ranging from $30 to $880. Read more

13 Dec 2018

“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. 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

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

IP offices

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25 Nov 2019

Inside INTA’s India operations: exclusive interview

Gauri Kumar joined INTA to take on the role of India consultant in June 2015. In an exclusive in-depth interview with WTR, she highlights the policy issues that brands should be tracking in the country. Read more

15 Nov 2019

A very Miami trademark dispute, Project Zero launches in India, and Nike ends Amazon deal: news digest 

In our latest round-up, we look at how a potential change to Instagram could impact DTC brands, how ‘water stewardship’ could boost brand value, a UKIPO office move, and much more. Read more

1 Oct 2019

Asia’s top filers reveal strong growth prospects

World Trademark Review takes a deep dive into the top Asia-Pacific trademark offices and how they are modernising their systems to better protect applicants and streamline procedures. While this has positively affected filing levels, economic performance and domestic businesses will be key going forward. Read more

11 Sep 2019

Calling for corrections: India IP office requests reports of trademark certificate errors

Intellectual Property India has issued a notice calling on rights holders to notify it of errors on historical trademark certificates. One market expert tells WTR of the headaches that some rights holders have faced due to errors.  Read more

Online

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11 Sep 2019

Travel portal to face trial in criminal proceedings for trademark infringement

In a dispute involving travel portals Ezeego and Make My Trip, the Bombay High Court has refused to quash an order for issuance of summons passed by the Magistrate’s Court in criminal proceedings for trademark infringement. Read more

26 Aug 2019

Fighting hydra-headed rogue websites: the rise of the dynamic injunction

The Delhi High Court’s decision to direct 'dynamic injunctions' against rogue websites in a bid to end the ‘whack-a-mole' headache is a progressive one. However, there is still more that could 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

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

Portfolio management

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4 Dec 2019

Delhi High Court declares that PULSE is a well-known mark   

In Dharampal Satyapal Sons Pvt Ltd v Singhal, the Delhi High Court has permanently restrained the defendants from using the mark PLUSS for sweets and declared that the plaintiff’s mark PULSE was well known under Sections 11(6) and (7) of the Trademarks Act. Read more

18 Nov 2019

Protecting and enforcing design rights: India

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2 Jul 2019

Bombay High Court: one cannot contend that a word is generic and seek registration of a mark where that word is dominant

In Royal Dryfruit Range v Royal Suvidha, the Bombay High Court has ruled in favour of plaintiff Royal Dryfruit Range and restrained defendant Royal Suvidha from using the trademark/trade name ROYAL SUVIDHA in respect of dry fruits. Read more

16 Apr 2019

Success for New Balance as court prevents Apex Shoe Company from using NEW BALANCE mark

In a dispute between New Balance Athletics Inc and Apex Shoe Company Pvt Ltd, the Delhi High Court has ruled in favour of New Balance and issued a permanent injunction preventing Apex from using the mark NEW BALANCE. Read more

Trademark law

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10 Dec 2019

Frozen 2 versus Christian Louboutin: could Anna’s red-soled shoes lead to a trademark dispute?

In Disney's Frozen 2, main character Anna is seen wearing red-bottomed boots, with some claiming a similarity to the iconic footwear of fashion brand Christian Louboutin. We speak with IP experts on the issues potentially at play. Read more

9 Dec 2019

Litigation procedures and strategies: India

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19 Nov 2019

“A step in the right direction” – IP experts on brand protection implications of India’s draft e-commerce rules

The Indian government has released a draft of its new e-commerce rules, with some provisions addressing counterfeit goods. Talking to WTR, a number of India’s most high-profile IP experts praise the draft rules, although some claim that they do not go far enough. Read more

1 Oct 2019

Procedures and strategies for pharmaceutical brands: India

In early 2019 the Department of Industrial Policy and Promotion released a draft e-commerce policy to strengthen enforcement mechanisms for IP owners. Although the steps taken are generally welcome, there are some clauses which require further contemplation. Read more

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