“Once the generic is always generic”. This principle has been endorsed by the almost every across the country, including district court in this circuit, as well as the most authoritative treatise on trademarks. The ninth circuit itself has seemed to adopt this rule. The upshot of the principle is that of a mark has [...]
Tiffany & Co. and Christian Louboutin warned the Federal Circuit that an International Trade Commission’s decision revoking trade dress protection for the design of Converse’s Chuck Taylor sneaker “threatens to upset the current equilibrium in trademark law.” The suits, filed in both federal court and the U.S. International Trade Commission, didn't target just no-name companies: [...]
Intellectual property Infringement is basically using someone else’s Intellectual property without the permission of the owner of those Intellectual Property holders who has the rights. Infringement is “a crime less serious than a felony”. Intellectual property infringement could be anything’s that relates to the intellectual property it can be trademark infringement copyright infringement, patent [...]
Imagine waking up on the wrong side of the bed. Your skin looks yellow and you start feeling blue. Abdominal pains make you cringe, despite never having binged. The family doctor rules out jaundice and draws a blank. Your hospital-next-door churns out the blood report and you anxiously gaze into the diagnosis: “Tested positive [...]
In India, the creation of a new plant variety by any breeder, whether a seed or a biotech research company or an individual farmer, is protected under the Protection of Plant Variety and Farmers Right Act, 2001 (“the PPVFR Act”). Mr. Essenese Obhan. Mr. Obhan is the Managing Partner of Obhan & Associates, a [...]
Over the last year with the Monsanto-Nuziveedu dispute, India has witnessed one of its biggest IP disputes in the agricultural sector. The Basmati GI dispute also has huge implication but as I’m reminded, often, by several people, geographical indications (GI) do not qualify as IP. These disputes aside, we’ve also come across two other [...]
