DECEPTIVELY SIMILAR TRADEMARKS IN THE PHARMACEUTICAL INDUSTRY: A THREAT TO SOCIETY.

By, Shaivi Nihal Shah What is Deceptive Similarity? There are a number of ways by which a trademark can be infringed; the most common way being the use of deceptively similar marks[i], with the intention to deceive or confuse the general public. The words deceptively similar have been defined under Section 2(1) (h) of The... Continue Reading →

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ORIGINALITY, AUTHOR AND PUBLICATION: THE THREE MUSKETEERS OF COPYRIGHT OVER CUSTOMER LIST

By Afzal Mohhamad Introduction For far too long, there has been a continuous scuffle between employers and employees on the usage of the customer lists by the employees post-termination by the employer. Though sometimes bound by the legal obligations under the contract signed between the two parties, this matter has been a bone of contention... Continue Reading →

PERFORMERS RIGHTS: AMBIGUITIES IN SECTION 38A

By, Ankita Aseri   INTRODUCTION The Amending Act has given affirmative rights to the performers by omitting Sub-sections 3 & 4 of Section 38 and inserting a new section in compliance with Article 6 to 10 of WPPT. Section 2(qq) of the Act defines “performer” whichincludes an actor, singer, musician, dancer, acrobat or any other... Continue Reading →

PROTECTION OF FICTIONAL CHARACTERS UNDER COPYRIGHT LAW

By, Sonakshi Bannerjee INTRODUCTION Copyright aims to incentivise authors to create artistic works that they might otherwise not produce fearing its misappropriation by others, for profit.[i] Protection under copyright is granted only to expressions and not to mere ideas.[ii] A fictional character is a work of words and its characteristics and appearance gets distinction through... Continue Reading →

IMAGE TRADEMARK

By, Ankita Aseri IMAGE TRADEMARK With image trademark been granted to Taj Mahal Palace hotel, the images of Taj hotel can now not be used for commercial purpose.[1] With this Taj Mahal Palace hotel has joined the club of trademark buildings across the world i.e. the Empire State Building in New York, the Eiffel Tower... Continue Reading →

COMPARATIVE ADVERTISING: TOWARDS A NEW TREND

By, Ankita Aseri Advertising plays a significant role in today’s world due to the availability of wide range of products. To attract the customers different advertising techniques are used. One such form is Comparative Advertising i.e. advertising of product by comparing it to its competitors’ goods. It may highlight similarities or differences or set the... Continue Reading →

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