A ‘Legal Issues Seminar – General IP’ (LIS-GIP) was conducted by Shilpa Margaret Kurian, Associate, on “Can Domain Name Registrars Invoke Intermediary Liability Against Blanket Injunctions?”. The seminar delved into the concepts and definitions of domain name registrars (DNR), intermediary and intermediary liability. In light of relevant judicial pronouncements, the discussion explored whether a dynamic injunction can be granted against DNRs, and the scope and extent to which the DNRs can invoke the safe harbor principle. The session concluded with an interesting discussion on the current judicial trend and the nature of its impact on proprietors of registered and well-known marks.

The presentation can be accessed here.

During last week’s Practice Workshop (PWS) Session, Tanisha Agarwal, Associate, led a discussion on “Are Monetary Reliefs Useful in Case of Cultural Misappropriation?”. The session delved into the impact of cultural misappropriation on local communities and whether monetary relief is an adequate remedy. The session also witnessed an engaging discussion on whether grant of monetary reliefs would prevent brands from unauthorizedly copying a community’s cultural facets. The session concluded with a debate on who amongst the affected community should be granted the monetary relief.

A ‘Legal Issues Seminar-Patents’ (LIS-Patents) was conducted by Harshit Parasher, Associate, on “Is the Appointment of Hearings Necessary for the Determination of Pre-Grant Opposition Proceedings for Patents?”. The seminar delved into the relevant statutory provisions of the Patents Act, 1970 and Patents Rules, 2003. The session further explored the interpretation of the terms used in the statutory provisions in light of relevant judicial decisions. The session concluded with an interesting discussion on due intimation of appointed hearings to all concerned parties and the nature of the impact of the current practice on the interested parties to these oppositions.

The presentation can be accessed here.

During last week’s Practice Work Shop (PWS) Session, Aishwarya Pande, Associate, led a discussion on “Will Aggressive IP Enforcement by Fashion Brands Curb Fast Fashion?”. The session delved into the environmental damage caused by fast fashion and the initiatives taken by brands to switch to sustainable fashion. The discussion focused on the role of Intellectual Property in promoting sustainable fashion. The session concluded with an interesting debate on whether an aggressive IP enforcement strategy for curbing mass copying can reduce the fashion industry’s carbon footprint.

A ‘Legal Issues Seminar – General IP’ (LIS-GIP) was conducted by Aishwarya Pande, Associate, on “Does Proof of Conceptual Similarity of Marks by Itself form a Sufficient Ground for Infringement?”. The seminar delved into the aspect of conceptual similarity of trademarks as a nuance of deceptive similarity and as a ground to prove likelihood of confusion. The session saw an interactive discussion on conceptual similarity of trademarks in light of several judicial decisions, as well as how the courts have refined their analysis beyond visual, phonetic and structural similarities. The session concluded with an interesting discussion on situations where conceptual similarity could be taken as a primary ground for infringement.

The presentation can be accessed here.