ALG’s Sheja Ehtesham and Ashwani Balayan will be attending the International Trademark Association (INTA) Leadership Meeting in Houston, Texas from November 14-17. The invitation-only event will explore key topics and emerging issues – from IP in the new digital ecosystem to fostering an inclusive workplace. Ashwani will be presenting in a Panel Discussion on Standards of Eligibility for Design Protection.

If you would like to meet in Houston, please reach out.

A ‘Legal Issues Seminar – General IP’ (LIS-GIP) was conducted by Vaidehi Gupta, Trainee Associate on “Do Defendants in IP Suits Have a Right to be Heard Prior to Passing of Ad-Interim Injunctions?”. The seminar focused on Court’s contentious engagement with ad-interim, often ex parte injunctions, including persisting interim processes and injunctions owing to substantial error. The seminar discussed multitude of cases regarding granting of ad-interim injunction orders, and affording the Defendants an opportunity to be heard prior to passing of such orders, thereby establishing a more assessed approach where it has allowed for consideration of ad interim or ex parte reliefs based on the specific circumstances of each case and not setting it as an impregnable rule.

The presentation can be accessed here.

Samreen Iboo Sait (Senior Associate) led a workshop on “Non-conventional trade marks in India – Filing and Examination”. The session explored the various non-conventional marks that have been filed or registered by the Indian Trade Marks Registry. The members deliberated on the development and expansion of scope of “non-conventional” trademarks in India. The members discussed the developing acceptance of non-conventional marks by the Registry and the various objections that could arise against an application for a smell mark, taste mark, texture mark and various other non-conventional marks. The members also deliberated upon the practical challenges of filing applications, overcoming objections and enforcement of non-conventional marks. The session concluded with Mr. R A TIWARI sharing his expertise on what elements are essential to allow registration of any non-conventional marks.

A ‘Legal Issues Seminar – General IP’ (LIS-GIP) was conducted by Nabira Farman, Trainee Associate, on “Is an Intra-Court Appeal against the Decision of Single Judge of High Court in Trade Mark Appeals maintainable?”. The seminar explored how the Courts have interpreted the maintainability of a second appeal before the Division Bench of High Court against an order passed by Single Judge arising out of a decision by the Trade Marks Registry. The session included a discussion of limitation on appeal as raised under Section 100A of the Code of Civil Procedure and dealt with various cases, elaborating on the objective and scope of Section 100A. The session also delved into judicial decisions from recent times, in the realm of trademark matters where the Courts have interpreted the applicability of Section 100A to trademark appeal matters. The session concluded with a discussion on the recent decisions of the Delhi High Court which clarified and settled that while assessing the maintainability of second appeals in a trademark matter, the Trade Marks Registry, not being a civil court, does not invite the limitation on appeal as entailed under Section 100A.

The presentation can be accessed here.

ALG’s Ashwani Balayan will be in Istanbul for the 2023 AIPPI World Congress from October 21-25. In addition to numerous panel sessions and roundtable discussions on a range of interesting and relevant topics, the Congress will also have plenary sessions for discussion and adoption of Resolutions towards harmonization of topics under study. Ashwani is India member of this year’s study question on Trademark Use.

Ashwani will also be representing IPO (Intellectual Property Owners Association) during the Congress.