Mondaq

First to File and The Scope of Broader Claims

In this article, I discuss the dispute around the issues of first to file and the scope of broader claims in patents, where the US court made some exciting observations.

Acquiring Secondary Meaning Important for Claiming Priority

The Fifth Circuit in a recent case rules that for the priority claim, it is important to acquire a secondary meaning for the mark. The articles discuss the same.

Creating Video Games: Make Sure Not To Infringe Other's Trademark

In a recent case, the Court delves upon the area of gaming industry and the issues of trade mark infringement arising out there. The article throws light on this.

Booking.com? Too Generic to be Registered?

The article discusses a recent case involving a well-known online reservation provider where the Court delves upon registration of generic mark.

Your Artwork on Product Can Violate Others TM Rights!

I discuss here the contention of Nike’s trade mark infringement against MSCHF for using its IP without authorisation.

Caution! Colours Can Be the Functional Part of a Product

I discuss here an interesting topic of colours to be a functional part of the product in trade dress. Moldex has been producing foam ear plugs with a specific bright green colour. Since the beginning of its business in 1982 it has sold over 1.6 billion pairs of them. Lets delve into this.

Trade Dress Infringement on Rifle Scopes

The articles discusses a trade dress infringement case on a Plaintiff who is into the business of making adjustable rifle scopes and several portions of the products are textured with so-called "knurling," used mainly for providing grip to the products.

The European Union Has Stripped McDonald's Of Its Trademark on Big Mac Burgers

Here I discuss a landmark decision by the bloc's trademark regulator, which has immediate effect, in a long-running legal dispute between the US food giant and family-owned chain Supermac's.

Romag Fasteners Inc v Fossil Inc: Trademark and Wilful Infringement

Case Analysis on an interesting case of Romag Fasteners Inc V Fossil Inc. where the plaintiff is an American company involved in manufacturing magnetic accessory & products such as snaps.

Natural Law and Patent: American Axle Case

This article discusses infringement allegation of American Axle for a patent pertaining to a method for attenuating driveline vibrations in order to reduce vehicle noise.

Trademark and Wilful Infringement

In this article I discuss the factors of Wilful Infringement in Trademark through a case law of Fasteners, Inc. which is an American company involved in manufacturing magnetic accessory & products such as snaps, clasps, fasteners, closures, etc.

Good-Faith (Mis) Understanding: Unicolor v. H&M Case

I discuss an interesting case law where Unicolor sued H&M for copyright infringement, asserting fabric design copyrights from among 31 of such designs that were filed as part of a single application on January 15, 2011.

TM and Design Patent Conflict

When we compare the trademark with that of a design, the inclusion of trademark in the design was not meant much when we talk about the design patent infringement analysis. In this article I discuss this interesting aspect.

Defcon Patent Is Granted for Its Lockdown Device

I discuss here the patent grant of lockdown device for Commercial stage manufacturer and distributor of innovative lockdown device, Defcon patent by the United States Patent and Trademark office (USPTO).

Medical Equipment and Device Manufacturers Company Hollister Won A $9 Million Patent Fraud Suit Against Zassi Holdings Inc.

Here a discussion is done on a interesting case where a Medical Equipment And Device Manufacturers Company Hollister Inc. won a fraud suit against Zassi Holding Inc. which was for $9.2 million.

Daimler AG And Avanci Enters Patent Licensing Deal

Here I discuss the licensing deal for patents that Daimler AG has entered with Avanci covering standard-essential 4G patents.

Scuffle Between Indiana Common Law And Lanham Act For Unfair Competition Claims Equally Covered

An interesting discussion on the scuffle between two legislation involving IP civil action and competition claims.

Battle of The Brands: EasyGroup Can't Take It ‘Easy' Against Skyscanner

I discuss yet another case of Easygroup Ltd. V. Skyscanner, Inc, the United States District Court Southern District of Florida ("Court") took trademarks to the mat.

Wilful Ignorance Cannot Be Considered as a defence in an Infringement Suit

Here I discuss an interesting observation where the court decided that a wilful ignorance cannot be defence in an infringement suit.

District Court Decides Which Party Was the Wrongdoer in The Ballet Shoes Trademark Case

An interesting case analysis of a trademark infringement suit before US District Court.

Violation of Settlement Agreement: Preliminary Injunction Not Amended Holding Defendant in Contempt

Here I deal a case law where the subject matter is the violation of a preliminary injunction granted in the civil suit brought by the plaintiff, A.B. Cernelle against the defendants, Graminex L.L.C. and its Chief Operating Officer.

Credible Proof Required for Ascertaining the Likelihood of Confusion

Here I discuss how Trademark is an important part of the company's branding, and how it is important to safeguard it and have effective protection.

A Clear Case of Trademark Dilution: Court's Response to Trademark Infringement Via Granting Default Judgment

This article discusses a case of trademark dilution where Bob and Me Productions, Inc., an American restaurant and trademark owner brought a civil action against Lemon Leaf Café, LLC. The civil action was brought at the United States District Court of California.

Advantages of Patent Valuation

Patents are the core asset generator for various industries. Industries and companies earn a lot through licensing and assigning patents. I discuss here the advantage of Patent Valuation.

IP Audit: What Is It All About?

In this article I discuss at large, the importance of IP audit. I discuss the basics of IP audit and how the industries need to understand the nitty-gritty of IP Auditing.

Understanding the Benefits of IP Audit

In continuation with what I discussed in the last piece, Intellectual Property (IP) has been gaining prominence around the world. The major impact that IP is making in the market is unfathomable.

Patent Prosecution

Here I discuss the nitty gritty of the Patent Prosecution part which constitute almost all the process, right from deciding on the patent filing to managing the patent portfolio.

Miley Cyrus vs. Cyrus: Likelihood of Confusion? Is It?

Here I discuss an interesting case of the European Court of Justice where it rules no likelihood of confusion in the case of Miley Cyrus vs. Cyrus, overturning the decision of the European Union Intellectual Property Office which found a likelihood of confusion.

Global Market and Territorial Trademark

A very important discussion on territorial trademark in the age of e-commerce. Issues concerning the trademark owner and providers of online marketplace inevitably occur due to the nature of e-commerce.

DHC On Idea-Expression Conundrum and Last-Minute Filing

The concept of copyright is very clear concerning its applicability. The copyright provides the author a monopoly over his work. Here I discuss an important observation of Delhi High Court on Idea-Expression Conundrum.

FTO Search: A Key to Commercial Viability

I discuss here the importance of FTO search and how it is important for commercialization purpose.

Bombay High Court on Cybersquatting: Providing Much-needed Clarity

Cybersquatting disputes have been on the rise with the influx of websites and content creation. I discuss here the observation made by the Bombay High Court on the subject matter.

The Conundrum of E-commerce and DSEs

Here I discuss an important case of Amazon and Amway where a civil suit arises out of a subject matter involving E-commerce, selling and advertising products, without direct selling agents consent.

Co-existing Patent and Trade Secret for An Invention

I discuss an important decision the Delhi High Court where it observed that the patent and trade secret cannot co-exist.

AstraZeneca vs. Emcure & MSN: The Conundrum of Disclosure and Coverage

The patent disclosure and coverage form a major part of the patent drafting. The decision in the case of AstraZeneca vs. Emcure and AstraZeneca vs. MSN Labs gave a striking boost to pharmaceuticals industries.

Why Patent Translation Is Important

Patent translation is an important part for an applicant who wishes to register their patent in multiple jurisdictions, translating it with utmost precision. Here I discuss its importance.

Importance of Patent Drafting for a Business

Patent drafting is the most important aspect in the process of filing for a patent. The drafting must be done to ensure the scope of maximum protection.

Fashion Industry and Challenges for IP Protection

The fashion industry is an emerging sector in the world with a market capitalization of more than 500 Billion Dollars worldwide. I discuss here the importance of IP in the Fashion Industry.

FRAND Concerns in The United States

FRAND commitments are generally a matter of dispute in various jurisdictions. It is interesting to see how US courts have delved into the issue. I discuss few case studies in the present article.

TKDL - Protecting Traditional Knowledge Through Procedural Irregularities?

Tradition Knowledge (TK) Digital Library has created proper documentation of the TK in India. But will that be sufficient in creating effective protection for TK? I discuss here this important aspect.

Thaler Vs Controller General of Patents, Design, And Trademarks

The influx of AI in various businesses intricate has forced the companies to rethink the base of a business and change their attitude towards more prospective business strategy. I discuss here the prospects of AI driven technology and its IPR.