A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Akshita Goyal, Trainee Associate, on “Would the “Exclusivity” Principle Derived from the Absolute Grounds of Refusal of a Trademark imply Exclusion of the “Dominant Part” Principle?”. The seminar explored the provision of Section 9(1)(b) of the Trade Marks Act, 1999, which lays down the conditions inviting an objection to registration of a trademark on the ground of descriptiveness. The session delved into the various judicial decisions that analyzed registrability of a composite device mark vis-à-vis descriptiveness. The seminar focused on decisions where courts have employed the “dominant part” principle while determining registrability of a composite device mark. The session concluded with an insightful discussion on the recent developments in the judicial outlook on the application of “exclusivity” principle and “dominant part” principle in consideration of descriptiveness objection.

The presentation can be accessed here.

During last week’s PWS Session, Nabira Farman (Trainee Associate) led a discussion on the topic “Can use of blockchain technology in supply chains combat counterfeiting?” The session commenced with a discussion on how blockchain technology can be applied to supply chain management in businesses to prevent instances of counterfeiting. The members deliberated upon real time instances of such application of blockchain technology by Walmart and the lessons learned from creating a blockchain-enabled system. The discussion delved into whether the potential benefits of adopting a blockchain-enabled system outweigh the costs incurred and the resources expended to overcome the many challenges if it is applied to business-critical functions. The members debated and discussed regulatory and logistical challenges faced by business in successful implementation of this technology to combat counterfeiting. The session concluded with the members deliberating upon whether consumers across industries would truly benefit from the technology and if delivery of authentic goods can be ensured.

A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Sucharitha Banda, Associate, on “When Can a Plaintiff Being Aware of Infringing Use be Entitled to Injunctive Relief in A Delayed Suit?”. The seminar explored the provisions of Section 135 and Section 33 of the Trade Marks Act, 1999, which provide for relief in suits for infringement or for passing off and the effect of acquiescence on the rights of the plaintiff, respectively. The session delved into the judicial decisions that provided insights on the standards of equity employed by the Courts while analysing the impacts of delay in initiating a suit. The seminar focused on the differences in the concept of delays, laches and acquiescence and provided an overview of the jurisprudential outlook of Courts, which has been developing over the course of time, in assessing rights of parties. The session concluded with a discussion on the recent development in the Court’s outlook in approaching delays and laches with a practical lens so as to mitigate the prejudice caused to the defendant owing to the delay by plaintiff in initiating a suit.

The presentation can be accessed here.

Independence Day is marked by vibrant celebrations across the country, showcasing the rich heritage and diversity of India.

Communities, schools, offices and our homes are adorned with the national flag. This year’s theme for Independence Day is “Nation First, Always First”.

ALG wishes our friends, clients, and colleagues a day filled with joy and togetherness.

Happy Independence Day 2023!

A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Yash Raj, Associate, on “Is the Power of Court to Punish for Disobedience of an Injunction in Civil Proceedings akin to Civil Contempt?”. The seminar explored the provision of Order XXXIX Rule 2A under the Code of Civil Procedure, 1908 (CPC) which provides for consequence of disobedience of an order of injunction and analysed it against the relevant provisions of the Contempt of Courts Act, 1971. The session delved into the judicial decisions that have delved into the scope and power of court under Order XXXIX Rule 2A of CPC, and the varied interpretation that has been provided by the Courts. The seminar involved an interesting observation on the divergence in opinions of the various coordinate benches of the Hon’ble Supreme Court on the issue and subsequent varied reliance by the High Courts. The session concluded with a discussion on the difference in the nature and scope of the provisions, and the need for a reference by a larger bench of the Hon’ble Supreme Court on the issue to resolve the conflict.

The presentation can be accessed here.