The article in IPR Amicus, June, 2015 on law of disparagement, comparative advertising and acceptable competitive behaviour as regards trademark discusses the meaning of disparagement and the extent to which the comparing is allowed in advertising of products keeping in mind the fairness in competition. Bombay High Court order that Copyright Act does not nullify any right to restrain a breach of trust or confidence and Calcutta High Court decision that reproduction of logo more than 50 times does not prevent the owner of copyright from claiming protection for the artistic work or the label under Copyright Act, 1957, are covered under Ratio Decidendi.
News Nuggets of this issue covers two interesting items – Launch of youth focused link Kids Intellectual Property Series (KIPS) by the Indian Patent Office in its website and the trademark dispute over toy building blocks decided by the CJEU.
June, 2015/Issue-47