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Apple Tag

SURANA & SURANA > Posts tagged "Apple"

24 August

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IPR NEWS – AUGUST

Posted by Surana

Siren Brew Faces Starbucks in Trademark Dispute In a recent legal clash, a coffee firm is engaged in a trademark dispute with Starbucks over the use of the "siren" logo. Atlanta-based Siren Brew faces allegations of trademark infringement from Starbucks, claiming that Siren Brew's logo too closely resembles Starbucks' iconic siren imagery. The lawsuit, filed on August 17, 2023, asserts that the similarities could cause confusion among consumers, potentially leading them to associate Siren Brew's products with Starbucks. Siren Brew, known for its specialty coffees, contests the claims and argues that their logo is distinct enough to avoid confusion. Legal experts...

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27 July

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IPR NEWS – JULY

Posted by Surana

Overstock to rebrand as Bed Bath & Beyond after buying brand's intellectual property In a transformative acquisition, online retail giant Overstock has revealed plans to undergo a complete rebranding, adopting the name of the renowned home goods retailer Bed Bath & Beyond after purchasing the brand's intellectual property. This strategic move aims to bolster Overstock's market position and broaden its product offerings. By aligning itself with Bed Bath & Beyond's well-established reputation for quality home essentials and leveraging its name recognition, Overstock seeks to tap into a loyal customer base and enhance its competitive edge in the retail sector. Barbie Vs BRBY Mattel...

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25 January

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IPR NEWS – WEEKLY UPDATES FROM 20th NOV – 26th NOV

Posted by Surana

In the battle over Vistara, Delhi High Court favours Tata Airlines According to the Delhi High Court’s order on 22 November 2022, Justice Jyoti Singh granted ex-parte ad-interim injunction, curbing the use of the well-known trademark, “VISTARA” belonging to the Tata Airlines by a Karnataka based news channel. The trademark “VISTARA” has been declared as a well-known trademark by this Court in TATA SIA Airlines Limited vs. M/s Pilot18 Aviation Book Store & Anr. Further, the Judge took account of the reputation and goodwill of the plaintiff, owing the accolades and popularity bagged by them among the public for their website...

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18 November

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

Posted by Surana

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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02 November

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

Posted by Surana

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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01 November

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

Posted by Surana

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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28 October

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

Posted by Surana

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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23 September

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

Posted by Surana

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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20 July

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

Posted by Surana

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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30 June

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IP NEWS WEEKLY UPDATE – 30 JUNE 2022

Posted by Surana

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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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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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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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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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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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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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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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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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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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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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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