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Trademark Violations in Comparative Advertising

This post was first published on December 2nd, 2012. Comparative Advertising is, as the name suggests, advertising that compares one product or service with another. Comparison is made with the intention of increasing the sales of the advertiser either by suggesting that the advertiser’s product is of the same or better quality to that of the compared product. The aim of such advertisement is to bring to public knowledge an honest comparison of one’s products with those of competitors.  Promotion…

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This image depicts the available areas for SMEs with regard to IP. The major areas are Cardiovascular, Antinoplastic and Neurological. The remaining form the grey areas for SMEs. Click on the image to read the full post.

Value of IP for Small and Medium Enterprises

  This post was first published on March 14th, 2013.   Contrary to popular belief in India, Intellectual Property (IP) is neither a boon nor a curse for small and medium enterprises (SMEs). Just like other business tools, it is a tool that can provide business and competitive advantage, provided an SME wishes to gain such an advantage. The wish must obviously be backed by appropriate steps in the right direction, in the light of the SMEs business goals. While the overarching objective…

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Overlapping IP Protection: Call for Caution

This post was first published on September 11th, 2012. Rights and protection are both victim and villain in overlapping. Overlapping and provision of simultaneous or sequential protection for some inventive and creative works have become a part of the expansive Intellectual property law regime. For example, both copyright law and trademark law now protect ‘Angry Birds’ and ‘Miley Cyrus’. Overlapping copyright and trademark protection for these two characters not only means that their creators receive all the benefits flowing from both the…

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This image depicts two thinking minds. This image is relevant because the post talks about why Indian companies acquire patents. Click on the image to view full post.

Why Do Indian Companies Acquire Patents?

This post was last published on May 31st, 2012. Most people would assume that the answer to the question is obvious. But it is not. Ideally, patents are acquired to gain competitive advantage and through it, business value. In our quest to learn the answer, we have by virtue of studying about a hundred companies of varied sizes, realized that only twenty percent of them actually acquire patents to gain a business advantage. Why then do others invest in…

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This image depicts a Monkey standing with a stick and trying to describe what Patent Troll is with the basic definitions written in the Background. This image is relevant as USPTO has granted a Patent for a method of Patent Trolling. Click on the image for more information

Patent Trolling : Can’t Live With, Can’t Live Without!

This post was first published on March 9th, 2012. Patent Trolling is indeed a remunerative fad apart from being a 'rage'. It’s also turning out to be the easiest way to make quick bucks, many of those quick bucks rather. For once, it should probably be lauded for they have highlighted the largest of loopholes that companies seem to have over-looked on their march to success. However, what should also be observed in the midst of all of this is that…

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Publicity Rights in India (Part II)

This post was first published on March 1st, 2012. Some Indian Courts, such as Delhi High Court, have of late been very aggressive in enforcing various IP rights online and in digital media. However, considering the recent development of publicity rights law in India, there has not been an instance of its enforcement online or in computer games. We will, therefore, take a computer game hypothetical to review the applicability of publicity right law. Let us assume that an…

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Publicity Rights in India (Part I)

This post was first published on February 28th, 2012. The right of publicity refers to the right to prevent unauthorized commercial use of a person's persona. A person's persona includes his name, photograph, signature, voice or any other identity.   Publicity rights vest only in a celebrity or public figure. In other words, a person must be recognized by the public in order to possess the right of publicity.  The public must identify or associate an identity to a person.…

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Medical Imaging- A Patent Insight

This post was first published on February 21st, 2012. Medical Imaging is in full flow and offers several advantages for clinicians to diagnose the patient’s health thoroughly.  Medical imaging is the technique and the process to create images of the human body or parts for clinical purposes and is often perceived to designate the set of techniques that noninvasively produce images of internal aspects of the body. The imaging technologies involved in medical imaging are Radiography, Magnetic resonance imaging (MRI),…

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The image depicts the text 'Trade Secret' on a piece of paper. The post is about a trade secret misappropriation case. to read more click here.

Trade Secret Violation – A Hypothetical Indian Case Scenario

This post was last published on January 23rd, 2012. India has emerged as one of the important markets for information technology services and services involving business processes. With the constant development of industries in India, the growth of intellectual property has been exponential and so with it, the increasing need for providing better enforcement techniques to protect IP. India already has various statutes for the protection of patents, trademarks, copyrights, designs etc. But existing and rising industries/businesses are generating a lot…

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The featured image is of TM which is the abbreviation for Trademark. the post is aboutthe new trademark rules, 2017. To read more click here.

‘Acquired Distinctiveness’ of Infosys Trademark

This post was first published on 18th November, 2011. Infosys Technologies Ltd vs Adinath Infosys Pvt. Ltd & Ors, High Court of Delhi  Facts: The plaintiff-company Infosys Technologies Private Limited is engaged in the business of providing IT services, solutions, consulting and business process management. INFOSYS is the registered trademark/service mark of the plaintiff-company in various Classes including Class 16 in respect of computer software. The Plaintiffs have strongly contended that owing to their excellent services offered by…

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Telephone: +91-76250 93758 | +91-80-49536207 | +91-80-26860414/24/34

Email: contact@bananaip.com

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