Customs Measures Against Sale Of Infringing Goods
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The WTO Trips Waiver: A Panacea To The Covid-19 Menace?
INTRODUCTION Ms Ngozi Okonjo-Iweala, the Director-General of the World Trade Organization (WTO), on 28th January 2022, in a press conference of the WTO General Council announced that a breakthrough in the form of an accord between the developed and the…
Preliminary Injunction Denied : Manufacturer Must Have a Perpetual License to Continue, Court Held
Plaintiffs and counterclaim-defendants Mrs. Fields Famous Brands, LLC (“Famous Brands”) and Mrs. Fields Franchising, LLC (“Fields Franchising”) appealed from the district court’s order granting a preliminary injunction in favour of defendant and counterclaim-plaintiff MFGPC Inc. (“MFGPC”). Famous Brands is a…
Willful Ignorance Cannot Be Considered As A Defense In An Infringement Suit
Luxottica Group is an Italian corporation having a registered office in Washington. The company is involved in the business of Luxury eyewear manufacturers and is holding registered trademarks. The company brought a contributory trademark infringement action under the Lanham Act…
Works In ‘Public Domain’ When Copyright Expires: An Overview
Introduction Literary, theatrical, musical, artistic, and architectural works, as well as films and sound recordings, are all protected under copyright law. In addition, Indian Copyright law defines 'literary works' to include books, computer programs, compilations, and tables as part of…
Who Is The Rightful Owner As Per The Indian Copyright Regime?
In the film industry, there has been a recent trend of remakes of old or successful films. A remake is a film that is based on the same tale as the original, but with modernization or updating features, as opposed…
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…
Facebook Wins Current Round In A Telecommunication Patent Fight Against Unilock 2017 LLC
Recently, the US Court of Appeals for the Federal Circuit (CAFC) has sided with Meta Platforms, Inc., formerly Facebook, Inc., and its subsidiary WhatsApp, LLC over Uniloc 2017, LLC in cross-appeals from two IPRs (inter partes reviews). The issue revolved…
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…
Role Of NFTs In The Fashion Industry: An Overview
Introduction Recently, a new trend of merging blockchain technology with the creative intellectual property via non-fungible tokens ("NFTs") had taken place. The idea has spread across all market sectors, and now luxury fashion retailers have joined the tokenization bandwagon. The…