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IPR News

SURANA & SURANA > IPR News (Page 2)

IP NEWS WEEKLY UPDATE – 26 OCT 2021

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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IP NEWS WEEKLY UPDATE – 20 OCT 2021

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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IP NEWS WEEKLY UPDATE – 11 OCT 2021

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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IP NEWS WEEKLY UPDATE – 7 OCT 2021

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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IP NEWS WEEKLY UPDATE – 21 SEP 2021

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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IP NEWS WEEKLY UPDATE – 6 SEP 2021

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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IP News Weekly Update – 31 Aug 2021

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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IP News Weekly Update – 14 Aug 2021

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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IP News Weekly Update – 26-31 July 2021

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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IP News Updates – July 28, 2021

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

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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Hindustan Unilever Limited Vs. Opposing Party

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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BigBasket vs. Daily Basket

BigBasket has recently sent a 'Cease and Desist Letter' to Daily Basket asserting infringement of their brand name. BigBasket claims to be the biggest online food and supermarket in India while Daily Basket professes to be a little bootstrapped, Coimbatore-based, two-man start up. Daily Basket is an on-the-web/ disconnected staple startup presently just serving in Coimbatore. The Cease and Desist Letter BigBasket in its 'Cease and Desist Letter' stated that "the simple notice or reference of a name containing "basket" in word or logo structure for any internet business and related items are similar to BigBasket and hence Daily Basket should not...

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Are offences under Section 63 of the Copyright Act & Section 103 of the Trade Marks Act Bailable or Non-Bailable?

In PiyushSubhashbhaiRanipa vs. The State of Maharashtra, which was decided on February 26, 2021, the Hon’ble High Court of Bombay has settled the law on whether offences under Section 63 of the Copyright Act, 1957, and Section 103 of the Trade Marks Act, 1999, are bailable or non-bailable. Section 63 of the Copyright Act relates to the offence of infringement of copyright or other rights conferred by the Act wherein if any person knowingly infringes or abets the infringement, such person shall be punishable with imprisonment for a term which may extend to three years. Section 103 of the Trade Marks Act...

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Can you be any cooler than Willis Carrier

Wondering who Willis Carrier is and why you can’t be any cooler than him? Willis Carrier is an American inventor who designed the first modern air-conditioning system. As summer looms and temperatures have slowly but steadily begun to soar, Willis Carrier’s contribution to make our lives more tolerable cannot be ignored! It is interesting how the idea struck him – on a foggy morning, while waiting for his train, Carrier realised that he could control the humidity of an indoor space by passing air through water to create fog, thereby creating air with a specific amount of moisture. Using that...

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Can the word ‘THE’ acquire trademark protection?

The Ohio State University from the state of Ohio filed a trademark application bearing the serial number 88571984 with the USPTO (United States Patents and Trademarks Office) in 2019 to seek protection of the word ‘THE’. The user date of the application dated back to the year 2005 and had been filed in respect of “Clothing, namely, t-shirts, baseball caps and hats” under Class 25. The trademark is that of a label which comprises the word ‘THE’ in bold letters and the logo Ohio State University beneath it. However, the process was off to a rocky start as the University had...

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Whether the addition of “.com” to a generic term qualifies for trade mark protection?

In the year 2011, Booking.com, a travel and hotel accommodations company, filed four trade mark applications for Booking.com. The USPTO rejected the said applications on account of the mark being too generic, in the year 2016. The Lanham Act specifically prohibits the registration of generic trade marks. Generic trade marks are common terms used to name products or services, for example, a brand of shoes called "shoes". Generic trade marks describe a product and hence these marks do not qualify for any protection. However, drawing reference to the evidence presented before the lower Courts, it was observed that the consumers viewed...

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Can the Registrar of Trade Marks pass a non speaking order without communicating the grounds for refusal?

Intellectual Property Attorneys Association v. The Controller General of Patents, Designs and Trademarks & Anr: The Intellectual Property Attorneys Association (hereinafter referred to as Petitioner), aggrieved by the non-speaking orders passed by the Controller General of Patents, Designs & Trade Marks (hereinafter referred to as Respondent) while refusing registration of the trade mark applications, approached the Delhi High Court, contending that the said refusals were in violation of Section 18(5) of the Trade Marks Act, 1999. The Court analysed Section 18 and Rule 36 to arrive at a decision in the case: Section 18 deals with application made for the registration of a...

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