Incomplete Protection is No Protection– Are you conservative in trademark registration?

I want 100% Protection in one application! – Are you trying to make a fortune out of me? Every trademark lawyer in his career would have faced these statements and questions a numerous times from his clients, “I do not want to spend too much on trademark registration” “Can’t I just protect my mark in one application?”, “Why do you want me to file separate applications?” A client’s state of mind is quite obvious here and perfectly understandable. When approached by our clients, we normally explain them all the legal options available to ensure complete protection. For example, for a food product (FMCG), we normally suggest that separate applications be filed for trade dress, word mark, etc. to get complete...

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Due Diligence – Is your online business or e-commerce website compliant with Information Technology Act?

Controlling Cyber Crimes Prevention of white collar crimes, especially socioeconomic offences and crimes related to computers, has been paid due attention over the years by the Indian Government.  After the recent amendment to the Information Technology Act, 2000, more provisions have been included to prescribe guidelines and punishment related to cyber crimes, from hacking to pornography. Cyber crime has become a profession and the demographic of your typical cyber criminal is changing rapidly, from bedroom-bound geek to the type of organized gangster more traditionally associated with drug-trafficking, extortion and money laundering. It has become possible for people with comparatively low technical skills to steal thousands of pounds a day without leaving their homes. In fact, to make more money than...

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Protecting your software or application name in India?

Planning, designing, developing, implementing and deploying a software application is a herculean task, let alone the money and efforts spent in advertising, branding and marketing.  Therefore, a software application may look simple, efficient and user-friendly to the users, but does have a lot of monetary and human efforts behind it. A software developer is successful when his work is recognized and appreciated by his customers and more importantly when they give due credits to his works by purchasing it through legal means.  This is at the end-user level.  What about mischievous competitors or hackers or competitors who may involve in acts such as creating serial keys, counterfeiting, distributing through peer-to-peer networks, etc. Ways to protect to your software? Patents - Patents can prevent a competitor...

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