Jul
2022
Published in: Lex witness | Jul 2022
[The Viewpoint] Metaverse: A free pass to deception?
In today’s world, creative advertising is certainly a priority for all brands. More so, since consumers are not impressed with just the traditional methods of advertising anymore. All in all, ad fatigue has well and truly kicked in.
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Dec Jan
2023
Published in: Lex witness | Dec Jan 2023
Graphical User Interface - The Conundrum behind "All Rights Reserved?"
The general misnomer of the market players is that the look and feel of their website/mobile application being a combination of literary and artistic work is automatically protected under the Copyright Law (“Copyright”), or the infamous “All Rights Reserved” embossment. But the cryptic fact that most of the market players are unaware about is that they actually need a registered design to protect their Graphical User Interface (“GUI”) when it comes to the commercial climate.
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Oct - Nov
2022
Published in: Lex witness | Oct - Nov 2022
Companies’ Methodology to Engender Market Thunder with the Aid of Submarine Trade Marks: An Analysis
Companies often face numerous risks if they delay a trade mark filing until the new product/service is publicly announced. One potential risk is conflict with previously registered trade marks. For the late filing of a trade mark application, conflict with a prior filing may prohibit registration and force re-branding. Such difficulties in registering preferred trade marks might then affect a firm’s competitive position in the product market.
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Jul
2022
Published in: Lex witness | Jul 2022
Metaverse A Free Pass to Deception?
In today’s world, creative advertising is certainly a connecting point for all the brands across the globe. More so since consumers are not impressed with just the traditional entails of advertising anymore. Times are up for overflowing inboxes, Google ads, in other words, the ad fatigue has kicked in.
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Mar
2022
Published in: Lex witness | Mar 2022
Applicability of Section 120, CPC 1908 on High Courts
Section 120 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code”) provides that Sections 16, 17 and 20 of the Code shall not apply to the High Courts in exercise of its original civil jurisdiction. Sections 16, 17 and 20 of the Code deal with instances where the courts, in certain circumstances, can assume jurisdiction even where the cause of action may have arisen in the jurisdiction of a different state.
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Dec
2021
Published in: Lex witness | Dec 2021
Keywords and Advertisements: A case of 21st Century Infringement
The question at the center of the controversy relates to the Google Ads Program and the sponsored advertisements visible on the Google Search Engine. The question, simply put is, whether use of a trade mark as a keyword by a third party to trigger their own sponsored advertisements amounts to ‘use’ of the trade mark in question? Another question that arises from the same controversy is related to the liability of Google for providing a platform wherein third parties can bid on their competition in the business and use Google Ads Program for numerous illegal activities.
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Sep
2021
Published in: Lex witness | Sep 2021
Decoding the Legal Fizz around Real-Money Online Gaming in India
The past few years have witnessed a steep rise in real money online gaming platforms. This steep rise has given birth to the well-talked question of – whether Real Money Online Gaming Platforms (“Gaming Platforms”) surpass the test of ‘Gambling’ in India.
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Feb
2021
Published in: Lex witness | Feb 2021
Amendment to Section 28(3) of Arbitration and Conciliation Act, 1996 - Are Exclusionary Clauses in Government Contracts now Redundant?
When parties enter into a contract, it is assumed that they have taken into consideration all the terms of the contract and are willing to be bound by such terms, whether they are beneficial to them or not. Illustratively, if a contract entered between the parties specifically bars a relief in the form of damages, then the parties cannot be granted damages by the adjudicating authority.
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May
2020
Published in: Lex witness | May 2020
Commencement of Arbitration by or against Non-Signatories to An Arbitration Agreement
As a preface to this article, it will be interesting to note that there are one hundred and thirty five (135) references to the word “party” in the Arbitration and Conciliation Act, 1996, as amended (hereinafter, the “Arbitration and Conciliation Act”), but only three (3) such references are qualified, i.e., the reference to the word “party” in Section 8, Section 35 and Section 45. More on this later.
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Apr
2020
Published in: Lex witness | Apr 2020
Who owns Who? The Question of Ownership of AI over its Creations
In the past two decades, Artificial Intelligence (“AI”) has established a unique place in our lives. From Apple’s Siri to Amazon’s Alexa to Google’s SmartCompose, dependence on AI has become an essential part of our lives.
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Mar
2020
Published in: Lex witness | Mar 2020
Seat and Place of Arbitration: The Debate Continues!
What significance do the terms “place”, “seat” and “venue” of arbitration have in a dispute resolution clause? Are they not key to an arbitration proceeding? Is their meaning clear to a layman and to lawyers?
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Jan
2020
Published in: Lex witness | Jan 2020
Exclusion of Liability Clauses in Government Contracts
As a matter of practise, most government contracts these days contain a clause that excludes any liability for payment of damages in case of any delay in execution of the works that may be attributable to the government undertaking / government corporation.
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Oct
2019
Published in: Lex witness | Oct 2019
Decoding the Most Contentious Aspect of the Judgment in Communication Components - Antenna Inc. v. Ace Technologies Corp. & Ors.
Recently, the Hon’ble Delhi High Court delivered a landmark judgment in the case of Communication Components Antenna Inc. v. Ace Technologies Corp. & Ors. [CS (COMM) 1222 of 2018] (hereinafter, the “CCAI Judgement”). It was a pleasure to assist the Hon’ble Delhi High Court, on behalf of the Patentee/Plaintiff, in this case.
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Nov
2018
Published in: Lex witness | Nov 2018
Conceptual Similarity of Trade Marks: The Indian Position
It is a well settled and well recognized principle of trade mark law that rival marks are to be compared as a whole and not broken down into their constituent elements.This principle has been recognized, implemented and upheld in a catena of judgments by various Courts in India. In comparing rival marks, several comparative tests are employed by Courts- visual, phonetic, structural and conceptual (individually and combined).
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Oct
2018
Published in: Lex witness | Oct 2018
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.
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