A ‘Legal Issues Seminar – General IP’ (LIS-GIP) was conducted by Abhilasha Rathore, Associate, on “Does Re-Sale of Goods by Distributors on E-Commerce Platforms Amount to Trademark Infringement?” The seminar explored the legal provisions that can be interpreted to ascertain if the principle of exhaustion of IP rights can be applied to allow the further sale of genuine goods legally acquired by the distributor in cyberspace. The session delved into the divergent views taken by courts on the issue. The session concluded with an interesting discussion on whether there is a requirement to harmonize the IP laws with other laws such as contact and competition law to effectively invoke the principle of exhaustion.

The presentation can be accessed here.

During last week’s Practice Work Shop (PWS) Session, Shreya Kunwar, Associate, led a discussion on “Is Pre-Institution Mediation an effective method for resolving IP disputes?”. The session saw an insightful discussion on the potential of pre-institution mediation for amicably resolving IP disputes. The session delved into the advantages and disadvantages of pre-institution mediation. The session also explored the probable scenarios wherein pre-institution mediation could prove to be useful. The session concluded with divergent, yet interesting views on the efficacy of pre-institution mediation.

A ‘Legal Issues Seminar – General IP’ (LIS-GIP) was conducted by Shilpa Margaret Kurian, Associate, on “Can Over-The-Top Platforms Claim Immunity Under The Safe Habour Doctrine?”. The seminar explored the legal provisions that can be interpreted to determine whether an over-the-top (OTT) platform as a publisher can claim immunity under the safe habour doctrine. The session delved into the divergent views taken by courts on the issue. The session concluded with an interesting discussion on whether there is a requirement for an amendment to the existing framework to expressly deal with the liability of over-the-top platforms and whether OTT platforms have the same liability as social media platforms.

The presentation can be accessed here.

During last week’s Practice Work Shop (PWS) Session, Abhilasha Rathore, Associate, led a discussion on “Do TM Office’s opposition disposal drives effectively combat pendency?”. The session saw an informative discussion on the efficacy of special drives for reducing opposition backlog at the Indian Trademarks office. The session delved into the reasons behind the current opposition pendency and explored possible mechanisms to ascertain which matters should be taken up during such drives. The session concluded with some innovative suggestions on how these drives can be made more effective.

On the last day of June, ALG’s Attorneys got together for a virtual PRIDE party to celebrate Pride Month. The PRIDE party was an ode to the LGBTQIA+ community where the Attorneys played a fun game of ALLY (a cross between BINGO and PRIDE Trivia). During the game, the Attorneys discussed and acknowledged the community’s history, their struggles and their undeniably significant contribution to art, society and culture.

We continue to strive to showcase our support to the community as well as encourage inclusivity through our simple acts of recognition and allyship.

At ALG, we wish to foster safe environments that acknowledge the importance of equality, fairness, acceptance, and mutual respect.