Articles by : Madhusudan P

Trade Dress – An Indian Perspective

The Concept

The concept of trade dress is in the development stage in India. Its meaning has now begun to expand, beyond the traditional forms of trade dress to the more nontraditional ones like cover design of a magazine, design of a door knob, appearance of a water meter or a lamp, design of a sports shoe, distinctive performing style of a rock music group, etc. As such, it comprises non­traditional trademarks based upon sound, texture, three­ dimensional shape, taste and smell and the following: color marks, sound marks, smell / scent / olfactory marks, shape marks, moving Image marks, holograms, gesture marks, taste marks / gustatory marks, feel marks / tactile marks, celebrity marks, digital marks. The statute, however, has yet to specifically recognize these forms.

 

Trademark protection of Trade Dress:

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Will the Modi Government succeed in its attempt to establish the much needed Commercial Courts?

Will the Modi Government succeed in its attempt to establish the much needed Commercial Courts?

The Need for Commercial Courts

The concept of commercial courts – a dedicated fora aimed at resolving complex commercial disputes between parties – is an idea that has merit in its own right. This can be seen from the fact that around the world, many nations have adopted commercial courts as a means to ensure speedy delivery of justice in commercial cases.

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Supreme Court objects to Intellectual Property forum shopping

Madhusudan P

Forum shopping in a legal context refers to the strategy of a plaintiff to have his suit filed in a particular court or jurisdiction where he feels that he will receive the most favorable judgment or order. Forum shopping occurs when a plaintiff seeks to bypass the natural forum for a dispute, and is motivated by various aspects like favorable laws, procedures, leniency of judges etc.

In the context of Intellectual Property (IP) litigation in India, forum shopping is a debatable subject since the IP laws in India are uniform and are applicable throughout the country, yet plaintiffs choose to litigate in a particular court due to the perceived IP awareness of judges, biases of judges etc. For example, it is widely believed that the Delhi High Court has been

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