Monthly Archives: November 2012

Pinching Trade Secrets Lands another One in Trouble

Recently, a former employee of Homag India Ltd. the Indian subsidiary of a German company was injuncted by the Hon’ble Karnataka High Court Bench at Bangalore from taking up employment with IMA AG Asia Pacific PTE Ltd., a German subsidiary company based in Singapore, for having passed on Homag India’s trade secrets to the latter […]

‘Xerox’ Not Common Parlance Yet- IPAB

Language is a powerful force. It has defined cultures, accorded identity to civilizations, encouraged study and has both united and divided the world’s populace. However it has also had influences beyond the apparent; language, interestingly, shares a close relationship with brands with the former commanding a ubiquitous influence over the latter. Its cause and effect […]

A ‘Sweet’ Lesson in Brand Building & Trademark Protection by Jack Daniel’s

This is rather old news but its relevance is such as cannot be ignored. Jack Daniel’s (JD’s) move towards protecting its Trademark serves as a major brand building lesson all as well as one in legal practice. When the lawyers of JD, one of the world’s most popular whiskey brands spotted the cover of the […]

Can Judgments be Copyright Protected?

Section 52 (1) (q) (iv) of the Copyright Act, 1957 says you cannot, so there! But does this end the issue for us once and for all? In a very interesting case, Eastern Book Company & Ors V/s D.B. Modak & Anr (Civil Appeal No. 6472 of 2004), the Supreme Court ruled that even though […]

The Colour of Cadbury

 Trademark Law, in its role as the legal guardian for brands, has made another valuable addition to its arsenal, this time in terms of colours. A shade / colour / colours that the public may have come to associate with a particular product or service, is protectable as a Trademark. We are aware of the […]

The Baingan Controversy

India’s first Bio piracy criminal case looks all set to be filed. The likely Complainant in question, the National Biodiversity Authority (NBA) is taking the United States based seed-giant, Monsanto and its Indian subsidiary, Mahyco (Maharashtra Hybrid Corporation) to court. The Companies are alleged to have developed a genetically modified variety of Brinjal called the […]