Madhusudan P - Prometheus IP

The concept of trade dress is in the development stage in India. Its meaning has now begun to expand, beyond the traditional forms of trade dress to the more nontraditional ones like cover design of a magazine, design of a door knob, appearance of a water meter or a lamp, design of a sports shoe, distinctive performing style of a rock music group, etc. As such, it comprises non­traditional trademarks based upon sound, texture, three­ dimensional shape, taste and smell and the following: color marks, sound marks, smell / scent / olfactory marks, shape marks, moving Image marks, holograms, gesture marks, taste marks / gustatory marks, feel marks / tactile marks, celebrity marks, digital marks. The statute, however, has yet to specifically recognize these forms.

The Need for Commercial Courts The concept of commercial courts – a dedicated fora aimed at resolving complex commercial disputes between parties – is an idea that has merit in its own right. This can be seen from the fact that around the world, many nations have adopted commercial courts as a means to ensure speedy delivery of justice in commercial cases.

Forum shopping in a legal context refers to the strategy of a plaintiff to have his suit filed in a particular court or jurisdiction where he feels that he will receive the most favorable judgment or order. Forum shopping occurs when a plaintiff seeks to bypass the natural forum for a dispute, and is motivated...