INTELLECTUAL PROPERTY RIGHTS
WHAT’S COVERED
(List is indicative & not exhaustive )
HOW TO REGISTER & HOW LONG?
KEY DEVELOPMENTS
- Diversion of initial interest of consumer amounts to passing o_ & trademark infringement even if the consumer subsequently realises (prior to purchase) that the brand is di_erent – Delhi HC
- Phonetic similarity, even though less significant in case of online sales, may be a relevant consideration leading to passing o_ – Delhi High Court
- No trademark infringement can be claimed against a person using his own or his predecessors’ name or place of business – Delhi High Court
- Likelihood of confusion is a must to grant interim injunction in trademark infringement cases – Supreme Court
- Delay is not a defence against trademark infringement or passing o_ where adoption of the mark is itself dishonest – Delhi High Court
- Personality Rights (bar against impersonation in any form) protected by various High Courts for Director Karan Johar and Actors Akshay Kumar and Abhishek Bachchan