Social Media (F) Law: The German Precedent

Recently, the Network Enforcement Act, commonly known as NetzDG has taken full effect from January 2018 in Germany. The controversial law was passed by the parliament in June 2017. This piece of legislation has created ripples around the globe with a fair amount of supporters as well as adversaries. For a democracy like India this law has raised concerns about what privacy actually entails and whether private organizations reserve the power to dictate our morals. About the Law The NetzDG requires that large social media platforms, such as Facebook, Instagram, Twitter, and YouTube, must promptly remove “illegal content,” as defined... Read More

Trade Mark For International Jurisdiction

Introduction Trade mark is territorial in nature and is valid only at places where it is registered. The protection to the trademark ends at the end of the boundaries of the country it is registered in. However, this does not restrict any one from exporting their goods to other countries in which his trademark is not registered. Situations might occur where the same/identical trademark is carrying out its business in the same country by other proprietors as well. This might lead them to legal disputes among the concerned proprietors which might take a toll on their reputation and goodwill leading... Read More

How Far is Comparative Advertising, Not an Infringement?

Comparative advertising is also a form of advertising a product. When a person uses a competitor’s brand of a product to compare his brand for the same product while advertising for it, it is termed as COMPARATIVE ADVERTISING. Sometimes it may also lead to infringement of trademark. But usage of a mark to certain extent does not result in infringement. This article deals with the extent of usage of a mark in advertising which does not result in infringement of a mark. The provisions of The Trademarks Act, 1999 says that usage of a registered trademark without the proprietor’s permission... Read More

Trade Dress

What Is A Trade Dress? Trade dress means the packaging, visual appearance, shape, graphics, colour combination which can be registered and protected from being exploited by the competitors related to their goods or services. In other words, trade dress is a product's "total image" or "overall appearance" and "may include features such as size, shape, color or color combinations, texture, graphics or even certain sales techniques. For example, packaging of Mc Donald’s burger or shape and packaging of coca cola bottles or registered store layout design of Apple store. The objective of protection of a trade dress is to protect... Read More