In our latest edition, we look at Porsche revealing its brand protection secrets, Mastercard launching a blockchain program to track fake fashion, WIPO offering a mediation incentive, CNIPA opening a new office, and much more.
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.
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).
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.
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.
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.
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.
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
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.
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.
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
Much as in the case of personal bullying, the stereotypical description of trademark bullying plays on the David and Goliath story. Under this narrative, several large yet well-intentioned corporations have suffered marketing nightmares.
There is plenty of evidence pointing to China’s growing role in the ownership and management of web domains, including in the context of new generic top-level domains. But recent analysis suggests that India is also upping its game when it comes to claiming online real estate – and trademark strategies will have to take this into account.
In cyberspace, intermediaries are commonly accused of contributory infringement. Cases involving internet service providers (ISPs) and hosts, including search engines and social media companies, are well documented. Jurisprudence on this issue varies globally.