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IPR NEWS – WEEKLY UPDATES FROM 30th OCT – 5th NOV

LOUIS VUITTON MALLETIER V. FUTURETIMES TECHNOLOGY INDIA PRIVATE LIMITED & ORS The Delhi High Court on November 3 has granted Louis Vuitton Malletier, a French luxury fashion brand, Rs. 20 lakhs in fees in its trademark infringement case against Club Factory, a Chinese e-commerce platform that was outlawed in India in 2021. Louis Vuitton's attorney informed the court on November 3 that the plaintiff only wishes to pursue costs in the case, despite the fact that the lawsuit was officially decided on March 24 when a permanent injunction was granted against the Chinese website and it was now scheduled for ex-parte...

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IPR NEWS – WEEKLY UPDATES FROM 23rd OCT – 29th OCT

LIDL GREAT BRITAIN LIMITED AND ANOTHER v. TESCO STORES LIMITED AND ANOTHER Attempting to resurrect a portion of its lawsuit against bargain retailer Lidl on October 25, Britain's largest retailer Tesco said in court in London that its German-owned rival had filed for trademarks for a yellow circle against a blue backdrop in "bad faith". In response to Lidl's initial lawsuit, which claimed Tesco was attempting to "ride on (its) coat-tails" by adopting a logo of a yellow circle on a blue background to advertise its "Clubcard Prices" discount programme, Tesco filed a counterclaim against Lidl in 2021. Tesco stated that...

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IPR NEWS – WEEKLY UPDATES FROM 16th OCT – 22nd OCT

K. N. GOVINDACHARYA  vs SECRETARY GENERAL & ORS On October 17, the Supreme Court issued notice in response to a petition asking for instructions to protect the Court's copyright over video recordings of court proceedings that are live-streamed on websites like YouTube. The application also aimed to stop live-stream material from being used for profit. In the application, it was requested that the live-streaming closely adhere to the ruling in Centre for Accountability and Systemic Change (CASC) v. Secretary General &Ors., (2018) 10 SCC 639. Justice Bela M. Trivedi and Chief Justice UU Lalit made up the panel that heard the...

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IPR NEWS – WEEKLY UPDATES FROM 9th OCT – 15th OCT

ALLERGAN INC AND ANR. v. CONTROLLER GENERAL OF PATENTS DESIGNS AND TRADE MARKS AND ANR. The Controller General of Patents, Designs, and Trademarks has received criticism from the Delhi High Court on October 12 for failing to notify the International Bureau of the World Intellectual Property Organization of the filing of two entities' opposition to the registration of international trademarks within the time frame required by the Trademarks Act. The order passed by the Controller General was contested by the two petitioners, who had filed oppositions in response to publication of the international registration of the trademarks. The petitioners made the...

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IPR NEWS – WEEKLY UPDATES FROM 2nd OCT – 8th OCT

QUALCOMM v. APPLE Despite the fact that the two tech titans' legal battle over three smartphone patents had been resolved, the U.S. Supreme Court on October 3, once more declined to consider Apple Inc.'s request to resurrect the case. In 2017, Qualcomm filed a lawsuit against Apple in federal court in San Diego, alleging that the company's iPhones, iPads, and Apple Watches violated many mobile technology patents. The lawsuit concerned a larger international conflict between the two digital behemoths. At the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office, Apple contested the legality of the patents at...

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IPR NEWS – WEEKLY UPDATES FROM 25th SEP – 1st OCT

MYLAN PHARMACEUTICALS INC V. MERCK SHARP & DOHME CORP An U.S. appeals court ruled that a patent held by Merck Sharp & Dohme Corp. for its diabetes medications Januvia and Janumet is valid, rejecting a challenge to the patent made by generic manufacturer Mylan Pharmaceuticals Inc. The Court did not agree with Viatris Inc.'s Mylan's argument that the invention was invalid because to an earlier patent and other publications. On September 29, the Federal Circuit concurred with the board that the patent was valid. It denied Mylan's claims that the earlier works Mylan identified would have rendered Merck's patent apparent. LIVE LAW...

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IPR NEWS – WEEKLY UPDATES FROM 18TH SEP – 24TH SEP

INDIAMART INTERMESH LIMITED v. MR SAMEER SAMIM KHAN  & Ors. The petitioner IndiaMart filed a suit for permanent injunction against the fraudulent website https://india-mart.co/ who was fraudulently offering jobs under the plaintiff’s name. The IndiaMart is a registered trademark and also the registered domain www.indiamart.com way back. The High Court observed that “Plaintiff has made out a prima facie case for ex parte ad interim injunction. Balance of convenience lies in favour of the Plaintiff. If the activities of Defendant are not nipped in the bud, irreparable injury would be caused not only to the Plaintiff, but also to public at...

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IPR NEWS – WEEKLY UPDATES FROM 11TH SEP – 17TH SEP

DIPALI SIKAND AND ORS v. SAMSUNG INDIA ELECTRONIC PRIVATE LIMITED AND ANR. A temporary injunction prohibiting Samsung India and one Story Experiences from using the trademark "CONCIERGE," which is being used by the Concierge conglomerate made up of Lesconcierges Services Pvt. Ltd. and Club Concierge Services (India) Pvt. Ltd., was issued by a civil court in Bengaluru on September 13th. Dipali Sikand, the founder of the plaintiff company, asserts ownership of the "CONCIERGE" trademark from May 2016.According to the claim, the plaintiff company created the 'President Club' loyalty programme for Samsung as part of the 'CONCIERGE' service with the intention of...

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IPR NEWS – WEEKLY UPDATES FROM 4TH SEP – 10TH SEP

INVESTMENT FIRM METACAPITAL SUES META FOR INFRINGEMENT Investment firm Metacapital Management LP sued Meta Platforms Inc in Manhattan in federal court on Wednesday, alleging that the Facebook parent company's use of the name “Meta” to provide financial services would cause customer confusion and violate its trademarks. Metacapital has also asked the court for damages of at least $60 million, the same amount Meta Platforms paid last year to acquire the trademark assets of Meta Financial Group, a regional bank. The investment firm has been using their name since 2001 whereas the name Meta Platforms which has been revamped from Facebook since 2021. CHAAYOS V. CHAIPOS This is...

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IPR NEWS – WEEKLY UPDATES FROM 28TH AUG – 3RD SEP

SONY MUSIC INITIATES COPYRIGHT INFRINGEMENT AND BREACH OF CONTRACT LAWSUIT AGAINST TRILLER Sony sued the platform seeking damages as the application failed to pay the license fees agreed upon back in March 2022 after which it considered that their deal was terminated. Whereas, the platform still allowed sharing of music owned by Sony in the Application which Sony claims to have contributed to Copyright infringement. It is pertinent to mention here that the platform has already been in disputes especially in relation to payments and licenses, with a number of companies including the Universal group. GI REGISTRATION OF KASHMIR NAMDA AND GABBA...

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