A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Devesh Kapoor, Associate, on “Does the unauthorized use of a trademark by way of spoken use in a critical comment result in infringement?”. The seminar discussed relevant provisions under the Trade Marks Act, 1999 to determine infringement of trademark by spoken use as well as visual representation. The session deconstructed decisions of the Supreme Court and High Courts wherein infringement was sought to be determined based on spoken use and visual representation, such as via cinematograph films. The seminar involved an interesting discussion on whether intent of the spoken use and visual representation holds value in determining infringement by detriment to reputation of a trademark. The session concluded with a discussion on the difficulty of balancing brand protection with the need for open public discourse, reflecting the challenge of harmonizing legal principles with free speech and creative expression.

The presentation can be accessed here.

During last week’s Practice Work Shop (PWS), Madhulika Tyagi, Trainee Associate, hosted a discussion on “Should cultural elements in fashion be accorded Geographical Indications tags?”. The session began with a discussion on the commercialization of cultural elements by influential designers. The participants discussed the ability of traditional cultural expressions to supersede geographical boundaries, particularly in the age of internet. The discussion also considered actions that can be taken to ensure traditional knowledge and expression are protected while also allowing for creators to take inspiration from these expressions and continue to create. The participants debated on whether mandatory monetary compensation or attribution can be a sufficient middle ground that allows for use of such expression while also ensuring such expressions continue to derive benefits for the communities which are the originators of such expression.

We are pleased to announce that ALG and our Patents Practice Chair, Ashwani Balayan, have been recognized by IAM 1000 2024 as one of the leading global firms and professionals in patents, litigation, prosecution, and transactions.

ALG has been ranked for excellence in these areas, underscoring our firm’s commitment to providing outstanding patent services.

More details on the listing by IAM 1000 2024 are available here.

A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Uroosa Shahzad, Associate, on “Whether Cause of Action to file an IP suit arises on the basis of reservations made through third-party websites?”. The seminar discussed relevant provisions under the Code of Civil Procedure, 1908 to determine territorial jurisdiction on the basis of cause of action. The session deconstructed decisions of the relevant High Courts wherein territorial jurisdiction was determined on the basis of online availability of third-party websites that facilitate making of bookings or reservations. The seminar involved an interesting discussion on whether mere online presence of an e-commerce business virtually can be the threshold for determining jurisdiction in cases involving the use of trademarks online. The session concluded with a discussion on whether Section 20 (c) of the Code of Civil Procedure, 1908 should be given a wider interpretation in cases of trademark infringement.

The presentation can be accessed here.

Interns – Aysha Sasmin, Lavlesh Khandelwal, Niyati Vishwakarma and Harsh Vardhan 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!