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Arbitration In the present world where various global or regional business and industries are playing an important role in maintaining ...View Practice Detail
Consumer Disputes As an introduction, consumer rights are those rights belonging to a consumer that to protect him/her from being ...View Practice Detail
Geographical indications Geographical indications are a visible sign on a product which describe a specific geographical origin depicting the quality ...View Practice Detail
Copyrights As per the Copyright Act 1957 and the Copyright Rules 2003, copyright exists in all original, published or unpublished ...View Practice Detail
Trademark Trademark Law in India is well settled and offers potent protection and enforcement regime for brand holders. The Trade ...View Practice Detail
``It has been a wonderful experience working with Talwar Advocates. They have always kept our best interests in mind and have helped us with our legal needs on several occasions. They take time to study and understand the issues and go out of the way to consider all angles before they reach a conclusion. And most importantly they are always available and ready to help even at odd hours which sometimes becomes necessary as our clients are spread around the globe. Highly recommended.``
``As a startup, I faced lot of problems in managing my business and contacts. There were lots of misunderstandings between the company and its employees at the time of agreement. Then I contacted Talwar Advocates. They have been very professional in their work with us. They guided me with a clear vision and also helped me make clear, brief and transparent agreement terms which I can have with my employees.``
LANDMARK JUDGEMENTS IN TRADEMARKS LAW 1. Yahoo!, Inc. v Akash Arora & Anr [1999 (19) PTC 201 (Del)] :- The first decision on the protection of IP rights on the Internet. In what is known till date as a Landmark judgment in cybersquatting, the Delhi High Court held that a domain name served the same function as a trademark and was therefore entitled to equal protection. As the domain names of the plaintiff ‘Yahoo!’ and defendant ‘Yahoo India!’, were nearly identical and phonetically similar, there was every possibility that internet users would be confused and deceived into believing that the domain names had a common source or a connection. The court further observed that the disclaimer used by the defendants was not sufficient because the nature of the Internet is such that use of a similar domain name cannot be rectified by a disclaimer, and that it did not matter that ‘yahoo’ is a dictionary word. The name had acquired uniqueness and distinctiveness and was associated with the plaintiff. The Bombay High Court, in Rediff Communication v. Cyberbooth & Anr 2000 PTC 209 also observed that the value and importance of a domain name is like a corporate asset of a company. 2. DM entertainment v Baby Gift House and ors. [MANU/DE/2043/2010] :- Celebrity Merchandising. Daler Mehndi, the most famous pop star hailing from Punjab has created a niche audience and is immensely popular amongst Punjabi-pop music lovers. The appellant company was incorporated in 1996 to manage the artist’s escalating career. The crux of the case is that the defendants had prolific businesses in selling miniature toys of Daler Mehndi and majorly cashed on to his popularity. Majorly ...Read More
Applying for trademark registration is a simple but lengthy process. The real work behind brand protection actually begins when the ...Read More
With the Indian horizon set ablaze with start-ups, the opportunity of building a full-fledged business out of a mere idea is much closer to reality now than it was a couple of decades ago. The rule of thumb in the entrepreneur industry is that two things are precious – time and money. This is the reason why most start-ups leave it for later to develop an IPR strategy, thinking it to ...Read More
“I see startups, technology and innovation as exciting and effective instruments for India’s transformation.” ~ Shri Narendra Modi Since the ...Read More