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Conceptual Similarity of Trade Marks: The Indian Position

The conceptual similarity test is one that has not attracted too much of stand-alone attention by Courts in India. In most cases, the conceptual similarity test has been paired with other comparative tests to determine the similarity of rival marks and the likelihood of confusion.

Decoding the ‘Myth’ behind the 2-Part Claim Drafting Format in the context of the Koniklijke Philips’ Case

Determining the scope of claims of a patent is the first and foremost step before an infringement analysis or invalidity determination of a patent can be conducted in a patent litigation. Without a clear understanding of the scope of claims, determination of infringement or invalidity cannot be performed appropriately.

Enforcement of Price Escalation in Government Contracts – A Practical Primer

The construction industry has a major role in the development of the Indian economy. Over the last decade, we have experienced significant spikes in costs of material used in any construction projects. The effect of increase in prices of these variables leads to major problems in the execution of the contract by the contractor

Acquiescence - Time for A Modern Reset?

Amongst the various defences available to a defendant, especially in a trade mark infringement/passing off proceeding, is the defence of ‘acquiescence’. The argument being that the plaintiff has been aware of the defendant and its use of the infringing mark and has, therefore, acquiesced to the said use.