28 Jul 2020

The boon and bane of market vis-à-vis consumers has further intensified with the shift of the current generation to e-commerce. The boon has been the ease, economy, and the time efficiency that online trade offers while the bane has been the easy trafficking of counterfeits and threat to customer data. Although efforts are being made by the government to address the issues from a consumer/buyer point of view, not much has been done from a business/seller point of view. One worrying concern for businesses is the constant infringement of their trademarks which is suffering in the lack of necessary legislation or a decisive judicial pronouncement. Most businesses believe that intermediaries must be liable for allowing infringers sell goods on their platform without adequate due diligence, however, liability has not been conclusively attributed in this regard yet.>>

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21 Aug 2018

In a recent Trademark infringement matter, the Delhi High Court has held that in order to qualify as infringement under Section 29(5) of the Trademarks Act, 1999 (“Act”) there has to be exact use of the registered mark and mere use of a prefix/suffix would not amount to infringement. The Court was hearing a trademark infringement matter wherein the defendant had used a word “MERCYKIND” as part of its trade name which was allegedly similar to that of Plaintiff’s registered trademark “Mankind”.>>

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27 Sep 2016

Three-Dimensional printing (3D printing or Additive Manufacturing) refers to the development of 3D physical objects from 3D digital model data in computer-aided design (CAD) or additive manufacturing (AM) file formats using computer-controlled 3D printers. The CAD files could be generated by scanning the real world objects that need to be printed or by designing objects digitally on a computer. 3D printing enables printing of any 3D physical object and considering the application of 3D printing technology in numerous fields, there is no doubt that it is one of the more important and exciting emerging technologies. 3D printing mitigates the complexities involved in manufacturing across various sectors and simplifies the processes.>>

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