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IPR NEWS – WEEKLY UPDATES FROM 25TH JULY- 30TH JULY

Mondelez India Foods Pvt Ltd And anr v. Neeraj Food Products Mondelez India Foods Private Limited (previously Cadbury India Ltd.) and Cadbury Schweppes Overseas Limited filed a suit against the defendant for trademark infringement of their product "CADBURY GEMS" or "GEMS”.  The Delhi High Court on 26th July 2022 gave the judgment in favor of the plaintiffs and ordered the defendants to pay Rs. 10 Lakhs as damages to Cadbury and the actual costs in the amount of Rs. 15,86,928 after noting that the company had incurred significant costs for the litigation in a case involving an interim injunction that had...

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IPR NEWS – WEEKLY UPDATES FROM 17TH JULY- 23RD JULY

Marico Limited vs Dabur India Limited The Petitioner initiated a suit for infringement and disparagement in relation to the advertisement published by Dabur in various newspapers containing a disclaimer that implies that the Device/ Label mark of ‘Nihar’ which is a part of their advertisement belongs to the petitioner. It is therefore evident that the respondent was aware that the petitioner owns the particular mark. The petitioner claims that the pictorial impact of the advertisements demeans and disparages the petitioner's product and the comparison between the products conveying to the audience that the product of the petitioner is ineffective has amounted...

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IPR NEWS – WEEKLY UPDATES FROM 11TH JULY- 16TH JULY

Franco Indian Pharmaceuticals vs Vatican Lifesciences Private On July 12, 2022, the High Court of Bombay held that in the case of rival marks where they are phonetically, structurally, aurally, and visually similar; in such a way that a mere cursory look at the rival marks brings out the overwhelming similarity in such a way that'll lead to the likelihood of confusion and deception amongst members of the trade and public at large, a high degree of protection is required. The plaintiff is the registered proprietor of the marks “GLEAM’’, “GLEAM 1” and “GLEAM-2”. And defendants are the owner of the...

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Weekly IP News Report – 1st Week of July (01-Jul-2022 to 10-Jul-2022)

PS5 comes up with a new patent that can show the players “what if” scenarios based on choices they didn’t make This patent discloses what is basically a “what if” function, which could provide the players of the PS5 the ability to not only examine replays of their gaming but also view different varieties of outcomes that might have happened if they had made a different choice throughout the game. The technique of the interface involves providing the opportunity to pick at least one of the What-If scenarios from among the available possibilities. This option paves the way to a modification...

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IP NEWS UPDATES – JUNE 2022

OHIO STATE UNIVERSITY REGISTERS "THE" AS A TRADEMARK The term "THE" has been successfully registered by The Ohio State University in relation to apparel that the university wears during athletic activities. The United States Patent and Trademark Office (USPTO) initially rejected the registration on the grounds that the University was only using the mark ornamentally and that there was a likelihood of confusion because the fashion house Marc Jacobs had previously filed a trademark application for an identical mark in relation to clothing items. But Ohio State was able to demonstrate that the mark was being used more than purely ornamentally, and...

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IP NEWS UPDATES -MAY 2022

USPTO To Begin Issuing Electronic Trademark Registration Certificates On 2nd May, the USPTO announced via federal notice that, on June 7, 2022, the United States Patent and Trademark Office (USPTO) will start issuing electronic certificates of trademark registration. The electronic registration certificate will serve as the official registration certificate once it is issued. Trademark owners will have the choice to obtain paper "presentation" copies when the USPTO starts distributing electronic registration certificates, although doing so will carry a price. The ability to purchase certified copies of their trademark registrations will also be available. The Supreme Court's Effort to Resolve the Date on Section...

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IP NEWS WEEKLY UPDATE – 30 JUNE 2022

India’s key achievements related to patent filings: The Union Minister of Commerce and Industry announced the key achievements that the country has been performing in relation to patent filings. The domestic patent filing has surpassed the international patent filing between the period of January to March 2022, which is the first time in 11 years. Further, there has been nearly five times increase in the grant of patents in 2021-22 as compared to the year 2014-15. Another key achievement by the patent office is that there has been a reduction in time of patent examination from 72 months as of Dec...

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National Conference on Intellectual Property for National Growth

National Conference On Intellectual Property For National Growth

Inspite of growing awareness about the importance of intellectual property protection among corporates, practical information about what IP strategies and filings are best for corporate growth, remains low. The conference aimed at educating corporates on the various government schemes for MSMEs, Indian Patent and Trademark Office practices, and various approaches to effective IP filing and enforcement. The conference was organised by Surana & Surana International Attorneys in association with Intellectual Property Bar of India Trust, supported by Hindustan Chamber of Commerce & The Tamil Chamber of Commerce. In his inaugural Address by Dr Vinod Surana, Managing Partner & CEO, Surana & Surana...

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IP NEWS WEEKLY UPDATE – 25 FEB 2022

New York Stock Exchange Files Trademark Application for NFT Applications have been filed o trademark the term NYSE for usage of the mark as an NFT and the Stock Exchange is officially entering into the Crypto and NFT marketplace. The NYSE has announced that it has no immediate plans of launching a Crypto or NFT and also stated that it regularly considers new products and their impact on its trademarks and protects its intellectual property rights accordingly. Coca Cola v. Pop Cola- Suit before Federal High Court, Kano Mamuda Beverages Nigeria Ltd. introduced its product Pop Cola which allegedly bears designs similar to...

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IP NEWS WEEKLY UPDATE – 14 FEB 2022

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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