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Author: Surana

SURANA & SURANA > Articles posted by Surana (Page 3)

15 March

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ARTIFICIAL INTELLIGENCE (AI) & INTELLECTUAL PROPERTY

Posted by Surana

in IPR

ARTIFICIAL INTELLIGENCE (AI) & INTELLECTUAL PROPERTY

By D.Sai Meera, Senior Associate, IP Practice 1. Introduction Artificial intelligence (AI) is the ability of computers and machines to perform mental tasks commonly associated with humans, such as learning, reasoning and problem solving.1 AI is one of the emerging Frontier Technologies.2 Frontier technologies are defined as technologies that transform the world. The emerging and merging of Frontier technologies is viewed as the Fourth Industrial Revolution or Industry 4.0. Frontier technologies include: digital technologies, such as the Internet of things (IoT), blockchain, artificial intelligence (AI), big data and cloud computing. Physical technologies, such as autonomous driving, 3D printing, hardware innovations and biological technologies such as genetic engineering, human...

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25 February

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IP NEWS WEEKLY UPDATE – 14 FEB 2022

Posted by Surana

Major companies including McDonald’s filing Trademark Applications for the Metaverse Various major companies including Nike and Walmart had filed Trademark applications for virtual goods and services in the Metaverse. Presently, McD has filed for the registration of its marks in relation to virtual goods, services and even virtual restaurants and cafes hinting its entry into virtual reality through Metaverse. The company has also applied for marks in relation to on-line actual, virtual concerts and other entertainment services within the virtual McCafe. Panera Breads is another company that has joined the list of applicants for registration of trademarks in relation to Meta....

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09 February

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IP NEWS WEEKLY UPDATE – 9 FEB 2022

Posted by Surana

Moonshine Technology Pvt Ltd v. Ticktok Games Pvt Ltd The Plaintiff initiated the suit against the defendant for the use of the mark ‘BAAZI’. The plaintiff claimed its marks containing the term BAAZI to be well- known and to have attained worldwide recognition. The Plaintiff alleged that the Defendant was a subsequent dishonest adopter of the mark BAAZI especially in relation to gaming services. The Plaintiff had also established that the Defendant was a direct competitor to the Plaintiff’s company as the Director of the Defendant company had been a customer of Plaintiff and claims that the usage by the Defendant...

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08 February

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IP NEWS WEEKLY UPDATE – 7 FEB 2022

Posted by Surana

Bragg Live Food Products sues National Fruit Product Company for Copyright and Trademark Infringement Bragg Live Food Products, a company specialized in providing organic food products, has accused the NFPC of copying its trade dress and infringement of trademarks and copyrights. Bragg states that it has been using the yellow and red colour scheme on the packaging of its products for several years and that NFPC began selling Apple Cider vinegar under the brand name White House back in 2016 using a green label and after 2019, started using the same colour combination and artistic elements as that of their company....

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27 January

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Intellectual Property Rights in Mobile Apps

Posted by Surana

in IPR

N. Vignesh Kumaran B.E. Associate - Patents, Intellectual Property Practice Introduction A mobile app is a computer program designed to run on mobile devices such as smartphones and tablet computers. Mobile apps are a significant part of modern day-to-day businesses. It acts as the part of businesses to be a complete model for business. Mobile apps have taken over the rapidly evolving technology. Intellectual Property is involved in mobile applications and there are various instances where replication can cause serious damage to the company. The effective way is to strategize the Intellectual Property Right of companies. IPR in Mobile Apps can be protected Yes, different...

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25 January

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IP NEWS WEEKLY UPDATE – 25 JAN 2022

Posted by Surana

Huawei’s Trademark applications for ‘Petal Search’ rejected The company had applied for the Trademarks ‘PETAL SEARCH’ in relation to search engine services and providing localized search services based on user search habits. The search engine was launched back in 2020 and applications for the registration of the trademarks was filed in 2021. The applications were initially rejected on the basis that there were similar marks which were already registered, containing the term ‘PETAL’ in relation to identical services, following which the company had applied for re- examination which has again resulted in rejection stating that the similarities in the cited marks...

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25 January

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Rethinking Employment Contracts in the Era of Remote Working

Posted by Surana

in SSIA

Rethinking Employment Contracts in the Era of Remote Working

Remote work is here to stay. Our understanding of the traditional employer-employee relationship is gradually becoming altered. In this evolving world, would the traditional employer- employee contract still be relevant? If not, then what are the key issues that need to be pondered upon to customise employment agreements to suit the present day needs of remote / hybrid working. Through this post, we attempt to explore how employment contracts need to be re-thought and re-purposed in this era of remote / hybrid working. Traditional Employment Agreements vis-à-vis Remote working agreements Traditional employment agreements inter alia, specify the nature of the job, location,...

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24 January

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IP NEWS WEEKLY UPDATE – 20 JAN 2022

Posted by Surana

HT Media Ltd. v. Pooja Sharma & Ors Hindustan Times had approached the Delhi High Court seeking permanent injunction and damages for infringement of their Trademark, Trade Name and Copyrights against websites which were portraying to the general public that they were in some way associated with the brand “Shine” which was owned by the company as a platform for providing new opportunities for job seekers, and its website using the brand name in an unauthorized manner. The company claimed that certain rogue websites have been advertising themselves as Shine, mirroring its website and offering paid jobs and job interviews thus...

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12 January

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Pre-Packaged Insolvency Resolution Process – The JOURNEY thus far

Posted by Surana

in SSIA

PRE-PACKAGED INSOLVENCY RESOLUTION PROCESS

Ms.Chinna Aswathy Abraham Associate, Litigation & Arbitration Practice Business rescue is commonly achieved by sale of the company’s assets while keeping it a going concern, in an attempt to generate more value, as opposed to selling the assets in piecemeal. This is precisely what a pre-packaged insolvency resolution mechanism seeks to achieve. In a pre-pack, “a troubled company and its creditors negotiate an agreement prior to statutory administration procedures, which allows these statutory procedures to be carried out at greater speed.”(1) “It is commonly seen as a hybrid method of corporate rescue, as it combines the advantages of private restructuring with some...

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12 January

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IP NEWS WEEKLY UPDATE – 12 JAN 2022

Posted by Surana

AWS Music marks opposed by Amazon Amazon Technologies Inc. is opposing the registration of the mark “AWS MUSIC” claiming that the consumers are likely to be confused, mistaken, or deceived into believing that the goods offered under the newly applied AWS MUSIC mark are in some way endorsed by Amazon. It is also claimed by the Opponent that the company is the owner of 50 domestic registrations and pending trademark applications for its AWS Marks, covering a wide-range of goods and services and because of the company’s prior adoption and continuous use of the marks since 2002 and its substantial investment in...

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04 January

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IP NEWS WEEKLY UPDATE – 04 JAN 2022

Posted by Surana

Bacardi & Co v. U.S. Patent and Trademark Office The company has sued the USPTO for allegedly violating the law by reviving a Cuban government entity's trademark "Havana Club". The legal battle between Bacardi and the Cuban entity was initiated by Bacardi and claim that they began selling Havana Club rum in the U.S. in 1995 after buying the brand. Cuba's state-run entity sells rum under the same name in other countries, but are barred from selling it in the U.S. Cubaexports claims that they first registered the "Havana Club" trademark in the U.S. in 1976. Presently, Bacardi complains that Cubaexport...

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03 January

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IP NEWS WEEKLY UPDATE – 30 DEC 2021

Posted by Surana

Kyobo Life fined for letting subsidiaries use IPs for free The insurance company holds various forms of IPs including numerous trademarks and copyrights. The company was accused of letting their subsidiaries use the Kyobo brand without paying fees from 2016 to 2019. The South Korea's financial watchdog has ordered Kyobo Life Insurance Co. to pay a fine of 350 million won for providing undue support to the subsidiaries. The action has been taken considering the economic value of the company as the unpaid fees are estimated to be billions of won. H&R Block claims trademark infringement by Square’s The tax preparation service company...

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29 December

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IP NEWS WEEKLY UPDATE – 21 DEC 2021

Posted by Surana

France.com Inc v. French Republic The legal battle for the trade name and mark France.com commenced years back and presently, the US Supreme Court has ruled in favour of the Government. This trade name and mark was used since 1994 by a U.S. citizen and French expat and owns protections for the trademark in US and EU. The trademark was used in relation to French travel services. The holder of the trademark sued a Dutch company in Paris for infringing its trademarks, and the French government came into play. The French Republic argued that it carried the sole right to use...

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13 December

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IP NEWS WEEKLY UPDATE – 13 DEC 2021

Posted by Surana

Abba v. Abba Mania: The pop group ‘ABBA’ sues a UK-based company that stages shows under the brand Abba Mania. This suit has been initiated by Polar Music International, the company that owns the Abba Group claiming that Abba Mania has been using the term ‘ABBA’ without the company’s prior consent/ permission or knowledge and the same amounts to infringement of its trademark. The pop group also states that an attempt to amicably settle the issue was undertaken from their side but the defendants refused to resolve the dispute and cease the use of the name Abba Mania. Axiva Health Solutions, Inc....

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08 December

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Virtual Private Network

Posted by Surana

in SSIA

Virtual Private Network

Virtual Private Network or VPN allows people to browse securely via an array of encrypted services that allow masking of individual identities. Users gain access to websites that are banned or those that are available in specific countries. VPN allows two or more networks to connect. Companies can allow access to their servers by their employees to work remotely using unsecured or public internet connectivity. The VPN network is completely off radar from the internet. Businesses, government organisations, military make use of them to send and receive confidential information securely. For example, if one has a VPN connection on their home...

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08 December

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IP NEWS WEEKLY UPDATE – 8 DEC 2021

Posted by Surana

UpGrad files trademark infringement suit against Scaler: A suit was filed before the Delhi HC against the EdTech company Scaler for using the brand name ‘upGrad’ through Google Ads to appear on top of the page on the Google Search Engine. The company has sought damages of more than 3 Crores. Presently, the Delhi HC has granted an ad-interim injunction in favour of upGrad and has directed Scaler to not to use upGrad’s registered marks and or its variants in relation to Google Ads Programs or any other keyword program. Brittex Financial v. Dollar Financial: The marks in dispute are MONEY MART used...

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06 December

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IP NEWS WEEKLY UPDATE – 6 DEC 2021

Posted by Surana

Lord of the Rings’ Crypto Blocked under JRR Tolkien’s Trademark Violation: The ‘LORD OF THE RINGS’ Crypto Currency was created and promoted back in August 2021. According to the developer of the Crypto, the ‘JRR TOKEN’ is a tribute to the late author JRR Tolkien. The family members of the author state that the digital token was set up for the developer’s personal commercial gain and have claimed that there is a trademark violation as the crypto uses the domain name ‘Jrrtoken.com’. The family had approached WIPO in relation to trademark infringement and WIPO ruled that the domain name was confusingly...

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25 November

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IP NEWS WEEKLY UPDATE – 25 NOV 2021

Posted by Surana

YouTube expands guidelines on Copyright infringement detection The number of takedowns of content due to Copyright strike has been increasing and it was also announced that YouTube is testing out new features which aim to provide more capacity to manage channel engagement, and more options to help creators’ secure branded content deals, and monetize their efforts. The platform has now expanded access to a new content takedown process enabling creators to automatically take down duplicate uploads of any content that they’ve previously removed. The Copyright match tool has also been introduced which when creators or users submit a takedown request, scans...

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13 November

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IP NEWS WEEKLY UPDATE – 13 NOV 2021

Posted by Surana

Increase in Global IP Filings despite Economic shutdown due to the pandemic WIPO recently released its report on the annual IP filings. The reports show an increase in the filing activities especially in relation to trademark filings despite the effect of the pandemic on the economy. Most of the filing activities took place in China which continues to dominate the world in the number of filings across most forms of intellectual property. The report states that Global Trademark filings surge 13.7% despite economic shutdowns and China received the most trademark application filings during 2020 at 9.35 million filings followed by US. India’s...

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08 November

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IP NEWS WEEKLY UPDATE – 8 NOV 2021

Posted by Surana

Financial incentives for certification and Intellectual Property Rights reimbursement scheme notified by the Goa government This scheme of the government is part of the State Incentives to Encourage Investments Scheme, 2017 with an object to make the existing market more competitive and efficient both at a domestic and an international level. This scheme encourages the units which are based in Goa in relation to industries, academic institutions and hospitals to obtain certification from reputed certifying agencies and the department would reimburse 100% of the actual expenditure per certification upto 8 Lakhs and a cap of 15 Lakhs has been fixed for...

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02 November

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A Case Study on Double Patenting: Astrazeneca AB & ANR. Vs. Intas Pharmaceuticals Limited

Posted by Surana

in IPR

Case Study on Double Patenting - Astrazeneca AB & ANR. Vs. Intas Pharmaceuticals Limited

In a recent Judgment by Delhi High Court on 20 July, 2021 in Astrazeneca Ab & Anr v. Intas Pharmaceuticals Ltd. the court held against Astrazeneca reaffirming that one product cannot be covered by more than one patent with some significant findings on double patenting....

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30 October

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IP NEWS WEEKLY UPDATE – 30 OCT 2021

Posted by Surana

Delhi High Court extends the deadline to submit comments on Delhi High Court Intellectual Property Rights Division Rules, 2021 The Hon’ble Chief Justice of Delhi High Court had announced the creation and functioning of a separate Intellectual Property Division which would solely deal with the IP matters in July, 2021. On 8 October, 2021, the Delhi HC had circulated the IPD Rules, 2021 among the members of the bar for their suggestions and recommendations. The Delhi High Court Registry has announced an extension for submitting suggestions and comments on the proposed rules. As per this, the new deadline stands as November...

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26 October

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IP NEWS WEEKLY UPDATE – 26 OCT 2021

Posted by Surana

IPR News update template - 26 Oct

YouTube content strikes misuse of Copyright laws in India, claims Internet Freedom Foundation (IFF) The Indian Internet Freedom Foundation made a representation to Google India with relation to the recent rising number of YouTube Channel blocks in the country and claims that one major reason for content takedowns is due to weaponization of Copyright legislations and rules of the country by large media houses targeting individual content creators and channels. It was also stated that YouTube being one of the most primary platform of development for such individuals and channels, such measures by large media houses infringes the fundamental right to...

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22 October

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Amul Dairy secures major win in a trademark infringement case in Federal Court of Canada

Posted by Surana

in IPR

Amul Dairy secures major win in a trademark infringement case in Federal Court of Canada

In this article, we will study about the history of Amul, the case won before the Federal Court of Canada and the provisions governing trademark infringement. We will now have a look on the basic and brief introduction about AMUL....

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20 October

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IP NEWS WEEKLY UPDATE – 20 OCT 2021

Posted by Surana

IPR News update template - 20 Oct

Delhi High Court circulates Intellectual Property Division (IPD) Rules, 2021 for inputs from the members of the Bar The Hon’ble Chief Justice of Delhi High Court had announced the creation and functioning of a separate Intellectual Property Division which would solely deal with the IP matters in July, 2021. On 8 October, 2021, the Delhi HC had circulated the IPD Rules, 2021 among the members of the bar for their suggestions and recommendations. The IPD Rules, 2021 deals with the practice and procedure for the exercise of the original and appellate jurisdiction of IPAD and for other miscellaneous petitions arising out...

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11 October

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IP NEWS WEEKLY UPDATE – 11 OCT 2021

Posted by Surana

IPR News update template - 11 Oct

Patent (Amendment) Rules, 2021 notified and has come into force The Patent (Amendment) Rules, 2021 has been notified by the Department for Promotion of Industry and Internal Trade and has come into effect from 21 September, 2021. “Educational Institutions” have been inserted as a category of applicants under Rule 2 (ca). This amendment paves way to a benefit of 80% reduced fee for patent filing and prosecution for such applying educational institutions. This benefit was earlier available to educational institutions which were recognized and owned by the government only. Star Trek- Dr. Seuss Enterprise’s five years of legal battle concludes in a...

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08 October

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IP NEWS WEEKLY UPDATE – 7 OCT 2021

Posted by Surana

IPR News update template - 7 Oct

Piaggio v. Peugot Piaggio v. Peugot The Tribunal Judiciaire of Paris and Tribunale of Milan have found the control system which enables a three-wheeler to tilt like a regular two-wheeler employed by Peugeot Metropolis (Mahindra Group) to be infringing Piaggio Group’s patent and has banned Peugeot Motorcycles from producing, promoting, marketing, importing, exporting, using and/or possessing any three-wheeled scooter employing Piaggio’s patented technology in France. The court also imposed a fine of 1.5 million euros (Rs 12.95 crores) in addition to other penalties.AI cannot be an inventor AI cannot be an inventor Judgment dated 21 September 2021 ([2021] EWCA Civ 1374), the Court of Appeal has...

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01 October

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Modified Universalism And The Interplay Of The UNCITRAL Model Law & The New York Convention

Posted by Surana

in SSIA

Modified Universalism And The Interplay Of The UNCITRAL Model Law & The New York Convention

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1)also known as the ‘New York Arbitration Convention’ was adopted with the aim of harmonising the process for the recognition and enforcement of foreign arbitral awards and for referral by a court to arbitration. However, in spite of its large scale success, the harmonization process has not been completed, because various jurisdictions apply and interpret the New York Convention differently....

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24 September

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The brutalities of ransomware attacks – Safeguarding your business from cyber attacks

Posted by Surana

in SSIA

The brutalities of ransomware attacks

A ransomware attack is one of more predominant forms of criminal business models designed to extort money by injecting threats into their computers and other digital systems....

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21 September

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IP NEWS WEEKLY UPDATE – 21 SEP 2021

Posted by Surana

IPR News update template - 20 Sep

Protection of the Aaj Tak trademark Protection of the Aaj Tak trademark Delhi High Court granted an interim injunction to Living Media Limited, the parent company of the Aaj Tak brand and ordered Google and Facebook to block the four defendants and also extended its order to 25 different websites, carrying infringing brands. Hon'ble Mr. Justice Suresh Kumar Kait impleaded these 25 websites and the domain registrars, the order blocks in the interim the use of Aaj Tak Live, Aaj Tak IndiaNews, E-Aaj Tak. Trademark Ownership over Greek Alphabets Trademark Ownership over Greek Alphabets Affinity Client Services apparently hold trademarks in the UK over the...

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07 September

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The Smart Hijack – Unimaginable Threats from Smart Devices

Posted by Surana

in SSIA

The Smart Hijack

There is no doubt that there are many advantages of Artificial Intelligence and IoT enabled smart devices. Technical advancements in facial recognition, voice recognition, automatic content recognition are adding newer dynamics to entertainment, household, and lifestyle. However, the smart devices are vulnerable to a plethora of cyber security threats that can be extremely scary....

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06 September

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IP NEWS WEEKLY UPDATE – 6 SEP 2021

Posted by Surana

IPR News update template - 6 Sep

Zed Lifestyle Pvt. Ltd. Vs. Hardhik Mukeshbhai Pansheriya The Plaintiff holds 18 registrations for the mark ‘BEARDO’ inclusive of Class 3. The Defendant holds registrations in Class 7 and 11 for the identical mark ‘BEARDO’ to which rectification proceedings are pending before the Trade Marks Registry. The Plaintiff has successfully satisfied the criteria envisaged under Section 29(4) of the Trade Marks Act, 1999 by virtue of which an injunction order was passed restraining the Defendants from using the impugned mark as it is or in conjunction with any other figure or manner. The Delhi High Court further ordered the Defendants to...

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01 September

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Kerala vs Karnataka – Battle For An Abbreviation

Posted by Surana

in IPR

Kerala vs Karnataka – Battle For An Abbreviation 02

For a long time, these two states have been using the KSRTC logo for their respective national trucking companies. The dispute arose when Karnataka applied for trademark registration and issued a notice to Kerala in 2014 stating that they should not use the acronym....

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31 August

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IP News Weekly Update – 31 Aug 2021

Posted by Surana

IPR News update - 31 Aug

V Guard Industries Ltd. Vs. Sukan Raj Jain and Anr – Delhi High Court The Plaintiff, a proprietor from Kerala manufactures and markets electrical goods under the mark ‘V-Guard’ across the country and furthermore has a subordinate (supply) office in Delhi. The Plaintiff instituted a trademark infringement action before the Delhi High Court against the Defendant for using the mark ‘N-Guard’ with respect to machines electronics, electronic, electrical parts, etc. The Court has issued an ex parte ad interim injunction against the Defendant. The Defendant challenged the territorial jurisdiction by stating that no cause of action arose within the Courts’ jurisdiction....

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27 August

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CONSTITUTIONAL TORT

Posted by Surana

in SSIA

Constitutional Tort

A constitutional tort is a legal tool that allows the state to be held vicariously accountable over the actions of its agents. Through this article, we shall discuss the different facets of constitutional tort and how our judiciary has treated the same....

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24 August

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CAREER OPPORTUNITIES FOR LAW GRADUATES

Posted by Surana

in SSIA

Career opportuniites for law graduates

A profession in law is considered highly august and financially productive. Conventionally, after graduation, a law student was expected to practice litigation. A litigator or an advocate hears and defends the cause of his/her client in the court. However, in the course of time, the career possibilities of law grew extensively. An individual can now become a patent attorney, public prosecutor, legal journalist and so on....

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14 August

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IP News Weekly Update – 14 Aug 2021

Posted by Surana

IPR News update templatte - 14 Aug

Biscuit Battle Last year Britannia had taken ITC to court alleging that the latter’s product packaging “Sunfeast Farmlite 5-Seed Digestive” and “Sunfeast Farmlite Veda Digestive” were deceptively similar to Britannia products. Soon after the dispute, ITC modified its packaging and Britannia expressed that it had no objection to the use of the modified packaging by ITC. However, the Delhi High Court ruled that the disputed packages “cannot be called as deceptively similar” as the name of the product on the packages are abundantly clear. Regardless, Britannia subsequently gave up its claim for rendition of accounts, damages, etc. as it was personally...

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11 August

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THE IMPORTANCE OF RESEARCH IN LEGAL PRACTICE

Posted by Surana

in SSIA

Legal Research

Legal research and writing in my opinion are the backbone of a good lawyer. Here, writing would mean communication. Communication can be in written, oral and nowadays, even in video form. Hence, as legal practitioners it is crucial that we are thorough on the basics of legal research and legal writing, or as one would say, communication....

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11 August

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THE SKILL OF LEGAL WRITING

Posted by Surana

in SSIA

Legal writing

A legal document, regardless of whether it is a plaint, affidavit or contract serves two purposes - informing and engaging both the client and the court about the legal issue. It is essential for lawyers and judges to draft all legal documents with clarity, such that the essential facts are conveyed even to a layman who may be reading it....

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10 August

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IP News Weekly Update – 26-31 July 2021

Posted by Surana

IP News Weekly Update – 26-31 July 2021

Trademark tiff on ‘Natural Ice creams’ The Plaintiff, Siddhant Icecreams LLP & Kamath Ourtimes Icecreams Pvt. Ltd. sued a Gujarat-based company and another for infringing the use of the term “Natural Ice Cream”. The Plaintiff is seeking damage and compensation of nearly 150 crore for infringement of its registered trademark that has been in widespread popular use since 1984. The Defendant also alleges long-standing yet subsequent use of its impugned trademark since 1992 and opposes the claims of the Plaintiff. The Bombay High Court held that Plaintiffs have a prima facie case and balance of convenience in their favour and against...

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28 July

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IP News Updates – July 28, 2021

Posted by Surana

in IPR News, Uncategorized

IPR News

CJEU affirms Pirelli’s tyre groove trade mark The Court of Justice of the European Union (CJEU) has settled the long pending dispute between Pirelli & Yokohama as regards the validity of Pirelli’s tyre groove trade mark registered in Class 12 in respect of tyre products & related accessories. CJEU has affirmed the validity of the said trade mark based on the fact that the trade mark is in respect of a single groove which, by itself, is not capable of producing any technical result. Re-establishment of IPAB recommended by Bipartisan Parliamentary Committee on Commerce The parliamentary committee has recommended re-establishment of the IPAB...

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28 July

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Regulatory Moves on Digital Media

Posted by Surana

in SSIA

Regulatory moves on Digital Media

The new IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 have given rise to a political space where the Right and the Liberals unite, but only momentarily. ...

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27 July

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Merck Sharp and Dohme Corp. and Ors. Vs. SMS Pharmaceuticals Limited

Posted by Surana

in IPR

MSD vs SMS

SMS Pharmaceuticals Limited (hereinafter “SMS Pharma”) had filed an application to modify an ex-parte ad interim order passed by the Hon’ble Delhi High Court in favour of Merck Sharp and Dohme Corp. (hereinafter “Merck”) in a suit for infringement of Merck’s Indian patent no. 209816....

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27 July

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Hotel Maris, one of Chennai’s iconic hotels from the 70s, wins trade mark battle!

Posted by Surana

in IPR

Hotel Maaris vs Maaris Grand

Hotel Maris had filed a suit for passing off against “HOTEL MAARIS GRAND” which was located at T. Nagar, Chennai, in 2015, on the ground that “HOTEL MAARIS GRAND” is almost identical to “Hotel Maris” and therefore capable of deceiving the public....

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09 July

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Quia Timet Action – Meaning and judicial developments regarding its scope

Posted by Surana

in SSIA

Quia Timet Action

Owners of intellectual property (Trademarks, Copyright, Patent, Designs, etc.) must always be alert and ensure that their rights are not violated by any third party. Any form of intellectual property would be an asset and hold great commercial value to its owner in today’s competitive business environment. ...

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07 July

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The new face of cybercrime beyond 2021

Posted by Surana

in SSIA

cybercrime beyond 2021

The Indian laws were inadequate for issues relating to Cyber, AI, Cloud and Bigdata and there is a dire need to have standard frameworks that will assist stakeholders in the country in scenarios of cyber-attacks, ransomware and malware. Educating the consumers about ensuring their safety and privacy while using these developments, is essential....

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06 July

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A vision for ‘Intelligence-led policing’ in India

Posted by Surana

in SSIA

Intelligence-led policing

How should the police force operate? Is the traditional policing approach redundant today? What capabilities can the modern world police adopt to achieve operational goals?...

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23 June

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Sound Mark – Ring a bell?

Posted by Surana

in IPR

Sound mark 01

Protection of a sound as a trademark is an emerging trend and all necessary resources are in the making towards optimally achieving it. Although, the Trade Marks Rules, 2017 provides express provisions to obtain registration of a sound mark, the adequacy of such provisions leaves behind numerous question in the mind of a defender and enforcer. ...

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16 June

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COPYRIGHT AMENDMENT RULES, 2021; TRIBUNAL REFORMS ORDINANCE, 2021: AN OVERVIEW OF THE SHIFT IN THE IP REGIME

Posted by Surana

small judge gavel

On 5th April, 2021, the Tribunal Reforms (Rationalization and Conditions of Service) Ordinance 2021 abolished the Intellectual Property Appellate Board (IPAB) and effectuated the change in the provisions concerning the impugned body in the Trade Marks Act 1999, The Patents Act, 1970, The Copyright Act, 1957[1] and The Geographical Indications of Goods (Forms & Making an Appeal and Fees Therefore) Rules, 2013....

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23 April

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Hindustan Unilever Limited Vs. Opposing Party

Posted by Surana

Aparna Venkat Associate Surana & Surana International Attorneys The Learned Judge of the Bombay High Court, G.S. Patel has urged that the Advocates reconsider the manner in which they frame their prayers in a trademark infringement or passing off suit. In the said suit bearing Commercial IP Suit (L) No. 3761 of 2021, the Judge has granted an injunction and appointed a Receiver. It has further been ordered by the Judge that until the Receiver executes his commission the Defendant’s name will not be disclosed and also the original order will not be uploaded. Thus, the anonymity of the opposing party. The essence of the...

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