Announcement – Recognition by ‘WIPR Leaders 2021’!

We are pleased to share that members of Mehta & Mehta Associates (MehtaIP) – Ankush Mehta and Abhilasha Niroola have been named in the 2021 edition of WIPR Leaders. Profiling the leading IP practitioners from around the world, WIPR Leaders consists of a directory of entrants. All Leaders were chosen after a four month nomination process, in which WIPR sought views from 12,000 IP professionals.

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With the Tribunal Reforms Ordinance of 2021, Appellate Boards for IP matters have been replaced by High Court

The President of India has promulgated the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 on 04 April 2021 (“Ordinance”). The Ordinance has been brought to effect immediately.

In the context of Intellectual Property Laws, the present Ordinance has omitted references to “the Appellate Board” and substituted the same with the words “High Court” as applicable under the following statues:

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Announcement – Recognition by ‘Legal 500’

We are pleased to share that Mehta & Mehta Associates (MehtaIP) has been listed by The Legal 500 (Legalease) in the Legal 500 Asia Pacific rankings 2021 as Leading Firm and our members Dr. Ramesh Kr. MehtaAnkush MehtaAbhilasha Niroola and Akshay Mehta have been listed as Recommended Lawyers in the Legal 500 Asia Pacific rankings 2021.

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Artificial Intelligence (AI) as an Inventor: Indian Perspective

The domain of Artificial Intelligence (AI) is rapidly advancing and finding new utility frequently. It continues to overhaul on how to approach and solve problems in a wide variety of fields.

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Diversity Champions: Walking the Walk

Diversity and inclusion can be a challenge to get right but the benefits can be felt across organizations. International Trademark Association (INTA) & World IP Review (WIPR) spoke to members of IP fraternity including those at the start of their diversity journey, as well as those who have paved a path for others to follow. The Indian perspective was given by Hon’ble Justice Prathiba M. Singh of Delhi High Court and Abhilasha Niroola of Mehta & Mehta Associates (MehtaIP). You may continue to read what they and other Diversity Champions had to say:

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Paving the Way for VOLVO’s Journey of Prevention

In an order seen as reinforcing brand owners’ faith in the trademark protection afforded by India’s courts for trademarks, foreign automaker Volvo suspended the defendant from using the VOLVO trademark online.

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Court Finds No ‘Magic’ in Noodle War

The Madras High Court recently denied a plaintiff monopoly rights over the expression “Magic Masala,” reinforcing the notion that exclusivity cannot be claimed over words which are common to the trade. It also highlighted the importance of choosing brands and marks wisely before promoting them since non-distinctive and inherently weak marks are difficult to enforce against use by others.

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Dettol Halts Sale of Infringing COVID-19 Product

A recent case in the Delhi High Court provided another good example of how the COVID-19 pandemic is creating new challenges for brand owners, highlighting the importance of safeguarding brands against infringement. Continue reading “Dettol Halts Sale of Infringing COVID-19 Product”

‘Formerly Known As’ Does Not Bypass Infringement

A recent case in India set an interesting example for brand owners looking to change their trade names in view of risk of potential trademark infringement and also highlighted prompt action by Indian courts in injunction matters. Continue reading “‘Formerly Known As’ Does Not Bypass Infringement”

HT Media secures an ‘anti-suit’ and an ‘ex-parte’ injunction restraining a US-based company

In a recent order, passed by the Delhi High Court, an ‘Anti Suit Injunction’ was granted to HT Media Limited & Anr. (“Plaintiffs”) and a US-based Brainlink International Inc. and Mr. Raj Goel, owner of the defendant no. 1,  (collectively “Defendants”) were restrained from using the domain name “www.hindustan.com” or any other mark similar to “Hindustan” and “Hindustan Times”. The hearing of the present matter was conducted through video conferencing during the COVID-19 lockdown in India. Continue reading “HT Media secures an ‘anti-suit’ and an ‘ex-parte’ injunction restraining a US-based company”