Where does copyright end and design start?
Case : Microfibre Inc. vs. Giridhar and Co. Citation: Microfibres Inc v Girdhar & Co 2009 SCC OnLine Del 1647. Jurisdiction: Delhi High Court Corum: J. MUKUL MUDGAL Abstract Through the interpretation of the Designs Act, 2000, and section 15 of the Copyright Act, 1975, the Delhi High Court, in its landmark judgement, clarified the […]
INTEGRITY BEYOND CONTRACTS
Case Name: John Richard Brady v. Chemical Process Equipments P. Ltd. Citation: AIR 1987 Delhi 372 Court: Delhi High Court Coram: Honourable Justice Arun B. Saharya Abstract In today’s era, as per my view, it is impossible to work without observations. The case John Richard Brady v. Chemical Process Equipments P. Ltd., is a case that deals with the significance of trade secrets, and how it […]
WHEN MERE THINGS MATTER
Case Name: Cipla Ltd. v. M K Pharmaceutical Citation: 2008 (36) PTC 166 (DEL) Court: Delhi High Court Corum: Honorable Justice Shiv Narayan Dhingra Abstract This case commentary on Cipla Ltd. v. M K Pharmaceutical, focusses on the interpretation of trade dress, and what amounts to passing off of. It mainly discusses the issues and conflicts behind the usage of similar colour […]
A JOURNEY OF A GLASS
Case Name: Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd. Citation: (2008) 10 SCC 657 Court: Supreme Court of India Coram: A K Mathur & Altamas Kabir, JJ Abstract Day by day, new inventions, designs, ideas are being created. Behind every successful story, there is a hardworking mind, with hard dedications and a lot renounces. When someone tries to take profit out of this, or […]
WHEN ‘IDENTITY’ MATTERS
Case Name: The Scotch Whisky Association & Ors. v. Golden Bottling Ltd. Citation: 129 (2006) DLT 423 Court: High Court of Delhi Coram: Justice Madan B. Lokur. Abstract It is not a new thing to give or have geographical indications to goods based on their geographical situations. The case of The Scotch Whisky Association & Ors. v. Golden Bottling Ltd deals with the […]
Kavitha Kuruganti v. PepsiCo India Holdings Private Limited
Citation: MANU/OT/0192/2021, Delhi High Court Hon’ble Judges/Coram: K.V. Prabhu, Chairperson Introduction In Kavitha Kuruganti v. PepsiCo India Holdings Private Limited, the Indian plant variety protection law comes into a historic limelight. This decision by the Protection of Plant Varieties and Farmers’ Rights Authority (PPV&FRA) to revoke the registration of the potato variety FL 2027, which […]
Patent or Secret? Never Both
Case Name: Prof. Dr. Claudio De Simone & Anr. v. Actial Farmaceutica Srl Citations: AIRONLINE 2020 DEL 592 Bench: Honourable Justice Rajiv Sahai Introduction: India’s Unwritten Secret Trade secrets sit on a strange, tenuous balance of India’s intellectual property system. They are not granted any special statutory status, unlike Patents, Copyright, or Trademarks, but they are neither protected by […]
Trade Dress Architecture, Deceptive Similarity
Case Name: Starbucks Corporation v. Sardarbuksh Coffee & Co. Citation: CS (Comm.) 1007/2018 Delhi High Court Court: Delhi High Court Coram: Manmohan, J. Introduction Starbucks Corporation v. Sardarbuksh Coffee & Co. is an interesting case at the cross-over of world domination and commercial copy-cat. It asks the question now in trademark law that few could put as clearly as […]
Ust Global (Singapore) Pte Ltd vs The Controller Of Patents And Designs
Case Name – Ust Global (Singapore) Pte Ltd vs The Controller Of Patents And Designs Citation – AID NO. 2 OF 2019 Court – Calcutta High Court Corum/Judges – The Hon’ble Justice Ravi Krishan Kapur ABSTRACT Whether a graphical interface, a virtual object which is also a product of code, and therefore invisible when a device is switched off, […]
When a Lounge is Not a Tea Garden
GI Protection and Its Limits in India Case Name: Tea Board, India v. ITC Limited Citation: C.S. 250 of 2010 (Calcutta High Court, 2019) Court/Jurisdiction: High Court at Calcutta, Ordinary Original Civil Jurisdiction, Original Side Coram: Justice Sahidullah Munshi Abstract The name of the mountains, the river, the history of the area; a name that has been around for centuries and a single […]