May
2018
Published in: Lex witness | May 2018
Whether Selling of Spare Parts Amounts to Infringement?
The claims of a patent relating to a machine would identify the specific components or elements that combine to make up the patented machine. Therefore, once the patent office issues a patent for the machine, the patentee has the right to exclude others, under Section 48 of the [Indian] Patent Act, 1970, from making, using, offering for sale, selling or importing any machine that contains all the components of any claim in the patent.
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Apr
2018
Published in: Lex witness | Apr 2018
Drawing the Line Between Descriptive and Suggestive Marks
If a business choses a mark because of its ability to emphasize a key characteristic of the product or service that the business offers, it may be in for even more bad news—the mark may be a “descriptive” one and therefore not sufficiently distinctive to warrant legal protection.
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Mar
2018
Published in: Lex witness | Mar 2018
What’s in a Name?
What’s in a name? The often quoted and relied on phrase from William Shakespeare’s play ‘Romeo and Juliet’ does have a causal and innate connection with trade mark law. After all, a name is what sets one trade mark apart from another.
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Feb
2018
Published in: Lex witness | Feb 2018
Shape and 3D Marks - A Twisted and Convoluted Path
The year of 2017 had many highlights in the field of IP, both highs and lows. But, surely, one of the biggest and most widely covered highlight (albeit a low- from a brand owner’s perspective) was Nestle not being granted trade mark rights for the shape of its Kit Kat chocolate (four finger bar) in the United Kingdom.
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