TL;DR: An IP assignment agreement transfers ownership of intellectual property, code, designs, content, inventions, from the person or entity who created it to another party, permanently and completely. Without one, the creator, not the business paying for the work, may legally own it. This is one of the most consistently damaging gaps discovered during investor […]
Category Archives: Intellectual Property
21
Feb
Feb
You’ve poured your heart into building your brand’s identity, the name, the logo, it’s everything. But what if someone else could legally use a similar name, confusing your customers and hijacking your reputation? A federal trademark is your shield. Getting that little ® symbol next to your name isn’t just for big corporations. The core […]
15
Jan
Jan
A note on scope: this guide focuses specifically on someone using your brand name, a different business trading under a name identical or confusingly similar to yours, including disputes over domain names, marketplace listings, and even company registrations. If your situation is specifically about someone copying your logo or visual mark, and you need to […]
11
Nov
Nov
You’ve built something valuable. Your brand has recognition, loyal customers, and a proven business model. Now you’re ready to scale through franchising. But here’s what most franchisors realize too late: the moment you hand your brand to franchisees, you’re trusting strangers to protect what took you years to build. Franchising in India is tricky. We […]
01
Sep
Sep
TL;DR: Most trademark application problems in India are preventable, and they cluster around seven specific mistakes: filing in the wrong class, an inadequate search before filing, choosing a mark that isn’t distinctive enough, incomplete documentation, incorrect applicant details, missing priority claims, and improper power of attorney paperwork. Each of these can trigger an examination objection, […]
18
Mar
Mar
TL;DR: An unregistered brand in India is not unprotected, but it is protected by a much weaker and slower remedy. Section 27 of the Trade Marks Act, 1999 bars an infringement suit for an unregistered mark, but expressly preserves the common law action for passing off. The catch is that passing off requires you to […]
14
Mar
Mar
TL;DR: Trademark rights are territorial, which means a registration in one country protects you only in that country. There is no single “global trademark.” To protect a brand across borders, you either file directly in each country you care about, or use the Madrid Protocol to file one international application covering multiple member countries at […]
15
Oct
Oct
TL;DR: Most founders choose a brand name first and think about protecting it later. That order is backwards, and it is the single most expensive naming mistake there is. The strongest brands are built the other way round: they choose a name that is legally distinctive, they clear it, across trademarks, domains, and social handles, […]
05
Apr
Apr
my legal pal attorney cease and desist letter.
02
Mar
Mar
TL;DR: No. There is no fixed number of seconds that makes using a song safe without a licence, anywhere in the world, including India. Any recognisable portion of a copyrighted song, even a few seconds, can amount to infringement. Fair use in the US and fair dealing under Section 52 of India’s Copyright Act are […]