What is the appropriate IP law for protecting names and titles in India?
We are often asked, “How do I copyright my name?” The answer is, names (whether personal or business) and titles (of movies, songs, books, etc.) are protected under the trademark law and not the copyright law. The jurisprudence behind this was very aptly explained by the Supreme Court of India in the case of Krishika Lulla […]
Can interim relief be granted if a suit is stayed in light of a pending rectification action?
The short answer is – yes. As per Section 124 of the Trade Marks Act, 1999, when rectification proceedings are pending, the suit has to be stayed, pending final disposal of the rectification proceedings. However, as per sub-section (5), a stay cannot preclude the Court from making any interlocutory order (including any issuing any order […]
