During the last PWS session, Shivanshi Gupta, Associate, led a discussion on the ethics of shrink-wrap agreements in consumer software transactions, particularly focusing on the risk that users may not fully understand or review the terms before consenting. The session also examined how such agreements simplify software licensing while protecting the intellectual property rights of providers. It concluded with a discussion on potential measures, such as introducing ‘opt-out’ options, to ensure these agreements do not unfairly restrict consumer rights.

A legal issues seminar was conducted by Amal Riaz, Trainee Associate, on “Can a God’s Name Be Registered as a Trade Mark?”. The seminar delved into provisions of Section 9 of the Trade Marks Act, 1999, which prevents registration of common names and those that offend religious sentiments.

The seminar highlighted pivotal cases where proprietors of trademarks bearing names of deities were denied exclusive rights due to their commonality and generic nature. It also examined instances where claims were rejected on the grounds that they could possibly offend religious sentiments, ensuring such names remain accessible to the public. Additionally, the discussion highlighted court observations clarifying that there is no absolute prohibition on registering a deity’s name as a trademark. The seminar concluded with an engaging analysis of the threshold of distinctiveness required for obtaining exclusive rights in a god’s name.

Interns – Diya Agrawal, Kunal Chaudhary, Deepanshi Mittal and Akansha Sharma have commenced their General IP Internship with the firm’s law practice.

We hope their stay in the firm during the 4 week period of their internship will be mutually enriching and that the firm and they will learn exciting things from each other!

A Legal Issues Seminarwas conducted by Megha Hurkat, Trainee Associate, on “Whether use of a mark as a meta-tag can constitute infringement of a trade mark?”. The seminar discussed key provisions of the Trade Marks Act of 1999, to determine infringement of trademark by use of meta tags. The seminar highlighted how meta-tags can redirect internet traffic away from the rightful owner’s website to competitors or counterfeit sellers, resulting in harm of the reputation of established brands and creation of confusion among consumers. The seminar also examined whether dishonest intention is a criterion considered by the Courts in their findings regarding unauthorized use of meta tags. The seminar concluded with a discussion on guidelines to address challenges posed by digital practices and the importance of ensuring that trademarks are fairly protected in the evolving online space.

During the last PWS session, Manish Kumar, Trainee Associate, hosted a discussion on “Does criticizing a product negatively impact the reputation of the product’s market leader’s brand?” The session commenced with the discussion on a recent interim order in Marico Limited vs. Alpino Health Foods and the law in place in relation to generic disparagement, including relevant case studies. The session progressed with the members discussing whether product disparagement extends to a market leader when the brand name has not been used, including how implied associations and indirect criticisms might influence consumer perception and brand equity. The session concluded with a consensus that criticizing a product could indeed harm the reputation of the market leader’s brand. However, the extent of the impact would depend on specific circumstances, such as the nature of the criticism, the context in which it is made, and the strength of the association between the criticized product and the market leader’s brand in the minds of consumers.