Trade Dress, Aesthetics And Functionality

On July 14, 2021, the General Court of the European Union delivered leading cosmetics and skincare label Guerlain a win in the fight to register the distinctive shape of its “Rouge G de Guerlain Lipstick.” The decision annulled the earlier determination of the European Union Intellectual Property Office (EUIPO) and its Board of Appeal (BOA), […]

Wearable Technology- Interface Between Patent, Design And Trade Dress

Remember Google Glass back in 2014? It was a device that a person wears like normal glasses. It helped the owner take pictures and videos of everyday surroundings with just a click of a button. Glass is not available today commercially, however it is still available and used in the medical field especially for surgeries. […]

Colour As A Trade Dress In The Pharmaceutical Industry

Introduction The notion of trade dress is defined in Section 2(zb) of the Trademarks Act 1999, which defines a ‘trademark’ in broad terms, including shape, packaging, and color combinations, as long as they can be graphically depicted and identify goods or services. Colors and color combinations are important in distinguishing products on the market. A […]

Protection Of Trade Dress In India

Introduction According to the current trend, any new product which is being launched in the market has some sort of distinct packaging as it is considered imperative for the purposes of distinguishing their products from others and it also helps in attracting a larger customer base. This distinct packaging assists the consumers in associating a […]

SEVEN TOWNS V. KIDDLAND: DELHI HIGH COURT ON TRADE DRESS PROTECTION

The concept of trade dress, although closely associated with trademarks is not explicitly recognized in Indian legislations unlike its U.S.A. counterpart. In Indian context, upon looking closely at the definitions of “mark” and “package” under S. 2 of the Trade Marks Act, 1999 we see that the trade dresses are also protected. To define it, […]

SEVEN TOWNS V. KIDDLAND: DELHI HIGH COURT ON TRADE DRESS PROTECTION

The concept of trade dress, although closely associated with trademarks is not explicitly recognized in Indian legislations unlike its U.S.A. counterpart. In Indian context, upon looking closely at the definitions of “mark” and “package” under S. 2 of the Trade Marks Act, 1999 we see that the trade dresses are also protected. To define it, […]