JusIP Law Firm

01/01/2023

27/12/2022

The Delhi High Court has said that prima facie, merely being a signatory to a cheque does not, in itself, make a person guilty of the offence under Section 138 of the Negotiable Instruments...

21/12/2022

Can you trademark a Hashtag?

Yes, in order to Trademark a Hashtag it must satisfy two broad conditions. While it fulfills the requirement of being represented graphically. The same must also be able to distinguish the goods and services of the Applicant and should not merely be a generic statement, phrase or term.

14/12/2022

In this new Edition of our newsletter, JusIP Listicle, we trace the developments in the legal sphere in the month of Nov 2022. In our new edition, we also cover interesting developments such as the developing law around Non Fungible Tokens, recent updates relating to the sphere of Information Technology Law and simplify complicated legal concepts.

To know more, follow this link https://bit.ly/3PpBXbI

07/12/2022

𝗪𝗵𝗮𝘁 𝗶𝘀 𝘁𝗵𝗲 𝗽𝗲𝗻𝗮𝗹𝘁𝘆 𝗳𝗼𝗿 𝘁𝗵𝗲 𝗽𝗶𝗿𝗮𝗰𝘆 𝗼𝗳 𝗮 𝗿𝗲𝗴𝗶𝘀𝘁𝗲𝗿𝗲𝗱 𝗗𝗲𝘀𝗶𝗴𝗻?
Piracy of Design refers to when the copyright vested in a registered design is unauthorized used or duplicated for commercial purpose.

Section 22 (2) outlines the remedies available in case of such piracy which includes a fine not exceeding 25,000/- as Contract Debt.

In the alternative the aggrieved party may also elect to institute a suit for damages and injunction thereof before the Court of a District Judge.

03/12/2022

𝐖𝐡𝐚𝐭 𝐢𝐬 𝐓𝐫𝐚𝐝𝐞𝐦𝐚𝐫𝐤 𝐃𝐢𝐥𝐮𝐭𝐢𝐨𝐧?

Trademark Dilution refers to when someone unauthorizedly uses a well known trademark in a manner which leads to reducing the distinctiveness of the said mark and/or impacts its reputation adversely.

Section 29 (4), Trademark Act outlines that in case the infringer adopts and uses in trade a mark which is identical or similar and uses it for different kind of services/products the same may be deemed infringement due to "dilution".

01/12/2022

The Delhi High Court declared "Bukhara" as a "well-known trademark" noting the "Indian legal position" and the "enormous fame and goodwill" enjoyed by the restaurant evidenced from the documents placed on record.

The HC declared "Bukhara" as a "well-known trademark" noting the "Indian legal position" and the "enormous fame and goodwill" enjoyed by the restaurant evidenced from the documents placed on record.

26/11/2022

Constitution Day of India
The constitution is the supreme law of the land; on which the nation stands.
#संविधान #संविधान_दिवस #संविधानदिवस

22/11/2022

𝐅𝐀𝐐

𝗪𝗵𝗮𝘁 𝗶𝘀 𝘁𝗵𝗲 𝗱𝘂𝗿𝗮𝘁𝗶𝗼𝗻 𝗼𝗳 𝗮 𝗱𝗲𝘀𝗶𝗴𝗻 𝗿𝗲𝗴𝗶𝘀𝘁𝗿𝗮𝘁𝗶𝗼𝗻?
👉🏻 10 years from the date of registration

𝗖𝗮𝗻 𝗶𝘁 𝗯𝗲 𝗲𝘅𝘁𝗲𝗻𝗱𝗲𝗱?
👉🏻 may be extended by a further period of 5 years
👉🏻the proprietor of the design registration may file an application on FORM - 3 alongwith prescribed fees to the Controller General for Designs before completion of the initial 10 years.

19/11/2022

FAQ
What are the Requirements for Registration of Design?

Design should be original & visually appealing Should not have been previously disclosed anywhere in any tangible format Be distinguishable from known designs Should not contain obscene matter Should not be merely a mechanical contrivance

17/11/2022

What is Design Registration?
A Design registration protects a uniquely created design created through an industrial process. Registration confers rights for 10 years from date of registration which is renewable for a period of 5 years.

16/11/2022

𝐅𝐀𝐐
𝗪𝗵𝗮𝘁 𝗮𝗿𝗲 𝗠𝗼𝗿𝗮𝗹 𝗥𝗶𝗴𝗵𝘁𝘀?

Moral/Incidental rights held by a copyright holder include the right to attribution, the right to publication under a pseudonym or anonymously, and the right to the integrity of the work. The preservation of the work's integrity prevents it from being changed, distorted, or mutilated.