Trademarks and Metaverse
TRADEMARK A trademark is something that we encounter on a regular basis. It is the name given to a product or service. It is an indication of a trade organization’s or company’s quality and goodwill. A trademark allows a buyer to differentiate a certain commodity from other comparable goods on the market and to identify […]
COMPOSITE MARKS: TO DISSECT IT OR NOT
A trademark’s degree of registrability or its ability to sustain a suit or enforce a suit hinges upon the nature of the mark. Marks can range from being generic, descriptive, and suggestive to arbitrary and fanciful thereby shaping the strength of the mark. This varying degree of strength holds different implications for word or device […]
Keeping the Eminence Safe Through Naked Licensing
Introduction A trademark helps a consumer obtain goods and services of a certain quality and reduces their confusion related to the goods and services. The importance of the quality of the items offered under a brand has increased with the emergence of trademark licensing as a method to maximize use of the trademark. A trademark license is […]
Tests For Comparison Of Two Similar Marks Comparing Similar Trademarks
Introduction A mark is similar to another trademark when it resembles it visually or phonetically or structurally etc. When comparing two similar trademarks, it is important to compare them in their entirety. One must assess the similarity between two marks from a visual as well as a phonetic point of view. Historical Background The test […]
The Colours in Pharma industry
Introduction Emergency use products such as inhalers also possess an inherent “stickiness” factor, as patients are unlikely to switch to a different brand easily once they have grown accustomed to using a specific inhaler, especially in urgent situations. For example, a parent of a child with asthma would not risk any confusion when searching for […]
IP Protection For Fintech Companies
Introduction With advent in technology, Fintech industry has been thriving in the recent past. Fintech is the technology, involved in the financial sector. According to a report titled “$1Tn India Fintech Opportunity”, by Chiratae Ventures and Ernest and Young, Indian Fintech is expected to record a revenue of $200 Billion, it also emphasised that the […]
Artificial intelligence and Intellectual Property : How to Protect AI-Generated Creations and inventions
Preface Artificial intelligence (AI) is rapidly becoming a part of our daily lives, with self-driving cars, autonomous weapons, and various services relying on AI systems to varying extents. Artificial intelligence has fundamentally changed how we live and work, developments in machine learning and processing of natural language have given rise to ever-more complex AI systems. […]
By Whatever Beans Necessary
Introduction Standardised by millennials and popularised by Gen Z, the coffee consumption culture has undoubtedly become a vital part of our everyday lives. You might think your daily Cup of Joe only includes the ingredients you prefer but in reality, each and every cup consumed is also filled to the brim with Intellectual Property; the […]
Trademark Genericide : A Paradoxical Conundrum
Trademark law in India is governed under the Trademarks Act, 1999. The Act aims to provide for registration, protection and prevention of fraudulent use of trademarks for goods and services. According to section 2(zb) of the Act, a trademark is a mark capable of being “represented graphically”. It includes logo, slogan, shape of goods, their […]
Movies and Books Title : A Conflict between Trademark and Copyright?
Some of the most popular pastimes amongst people are reading books and watching movies. These were the two activities that people usually engaged in, particularly during the lockdown period. The number of subscribers of OTT platforms such as Netflix, Amazon prime, etc. saw a sharp increase during this period. As there are such a high […]