We are a family of strong 800+ people including 470+ professionals working from 14 locations across India.
We have a rich heritage and enduring legacy which are pivotal in shaping trust, excellence, and unparalleled legal expertise, thus building a strong reputation and a trusted brand.
We started in 1985 in a single room set up by the two founders with no prior experience of working in a law firm. Both the founders had outstanding academic records and focused on their deep understanding of the law to form the foundation of the firm.
Integrity, Knowledge and Passion are the principles that resonate with every member of our LKS family and the work that we do. These values drive us to build a community of legally sound professionals and well-serviced clients.
Everything we have accomplished over the last four decades is a result of our unique way of thinking which is deeply influenced by our core values and principles that define us.
We and our professionals consistently garner appreciation for the quality of our services and the depth of our legal expertise. This consistent acknowledgment serves as a testament to our unwavering commitment to exceed expectations.
Unconventional trademarks: A roadmap to the future
By Raghav Sarda and Sidharth Shahi
The article discusses the increasing trend among companies and individuals to go for unconventional or non-traditional trademarks. The authors note that while colour, sound, shape of goods, smell, motion, taste, touch/texture, and hologram marks are recognized in foreign jurisdictions, the Indian trademarks law recognizes only colour, shape of goods and sound marks as registrable marks, as there is a requirement of graphical representation in a paper form. Discussing elaborately, along with examples and relevant case law, the shape of goods, sound, colour and motion marks, the authors also note that while registration for the smell and taste marks may still be attempted by reproducing the chemical formula of the product, probability of registering the touch/texture and hologram marks is negligible as such marks may not be graphically represented, at least till the technology is advanced or Section 2(1)(zb) of the Trade Marks Act is amended...
Ratio decidendi
Patents – Mere presence of standardised agents not makes two compositions identical – Admission of non-manufacture under Central Excise, not material – Delhi High Court
Patents – Export of patented drug under Section 107A – Apprehension of possible misuse must be manifestly credible – Delhi High Court
Only one patent possible for one invention – High Court rejects interim relief against alleged infringement of two patents for one invention when inventor also same – Delhi High Court
Patents invalid if could be exploited to prohibit others from achieving the same result, though by different methods – Delhi High Court
Non-mention of legal provision is no ground for not invoking same – Pleadings to be read holistically – Delhi High Court
News Nuggets
Parliamentary Committee recommends re-establishment of IPAB and many changes in Indian patent regime
No phonetic, visual or structural similarity between ‘V Care’ and ‘I Care’
Patent revocation – Specific issues qua each ground of revocation ought to be framed
Territorial jurisdiction of Court – Averments in plaint to be assumed correct, at interim stage
Trade marks – Non-rebuttal of assertions of damage and dishonest use, fatal
