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IP NEWS WEEKLY UPDATE – 04 JAN 2022

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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IP NEWS WEEKLY UPDATE – 6 DEC 2021

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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IP NEWS WEEKLY UPDATE – 13 NOV 2021

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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IP NEWS WEEKLY UPDATE – 30 OCT 2021

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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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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The Smart Hijack – Unimaginable Threats from Smart Devices

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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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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