India

A happy ending to trademark : secondshaadi.com

Wise old saying -“There is always a second chance” was followed by www.secondshaadi.com. This domain name was launched by Vivek Pahwa and others (herein referred as ‘Defendants’) on January 25, 2006. It was cater to those seeking to marry again; hence the name, making the market position of the website completely different. On the [...]

By |2017-09-08T13:04:42+05:30January 4th, 2017|India, Trademark|0 Comments

Understanding Trade Dress

With the growing of commercial industries, competitiveness arises; therefore the value of trade dress of a product is tremendous. Trade dress is the overall image of the product involving the features of the visual or sensual appearance of a product. It also consists of its packaging, shape, combination of colors and textures which differentiate [...]

By |2017-09-08T13:06:47+05:30January 4th, 2017|India|0 Comments

IPR PROTECTION FOR FASHION DESIGN : Part 2

As discussed in my earlier article (part 1) that fashion Industry in India is growing day by day and it has experienced remarkable growth in the last decade mainly driven by growth of domestic designers, some of whom have gained international recognition in recent years. [1]Due to one’s original creativity and [...]

By |2017-09-08T13:07:24+05:30January 4th, 2017|Copyright, India|0 Comments

IPR PROTECTION FOR FASHION DESIGN: Part 1

Fashion Design’ sounds so fancy ; I can only think of the flowy dress, the dripping silk, the Swarovski beads  and the list goes on………….. But I wonder how much copyright protection is given to their delicate – exquisite work? PROLEGOMENA India has a rich and varied textile heritage where each state has its [...]

By |2017-09-08T13:07:55+05:30January 4th, 2017|Copyright, India|0 Comments

Is Copyright Law overriding Section 79 of the IT Act?

The proviso to Section 81 override the “safe harbour” granted to intermediaries under Section 79 of the IT Act Section 81 which state that the provision of the act shall have an overriding effect. The provision states that nothing contained in this Act shall restrict any person from exercising any right conferred under the Copyright [...]

By |2017-09-08T13:08:27+05:30January 4th, 2017|Copyright, India|0 Comments
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