20 October

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Regulating the Digital Sphere: India’s Approach to Ex Ante Measures and Competition Law

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Madhumitha Sridharan - Associate - Real Estate, Infrastructure & Corporate Practice The digital economy in India has witnessed exponential growth in recent years, thanks to the widespread adoption of smartphones and increased internet connectivity. However, with growth comes challenges, including concerns related to monopolistic practices, data privacy violations, and a lack of transparency. These issues have sparked debates about the necessity of robust regulation to ensure a fair and competitive digital marketplace. This substantial growth in the digital economy was largely attributed to a select group of major technology firms, also often categorised and referred to as the “Big Tech” companies. However,...

06 October

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Navigating the Legal Conundrum of Google AdWords and Trademarks in India

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Navigating the Legal Conundrum of Google AdWords and Trademarks

Aiswarya YK, Associate, Dispute Resolution Practice Divishyaa T, Intern, Dispute Resolution Practice Introduction: In the digital age, online advertising has become a ubiquitous and essential tool for businesses to reach their target audience. Google AdWords, a prominent platform in the online advertising landscape, allows businesses to bid on keywords to display their ads prominently in search results. While AdWords offers significant benefits, it has also sparked legal debates, particularly in the context of trademark infringement. This article explores the legal complexities surrounding Google AdWords and trademarks in India. Understanding Google AdWords: Google AdWords is an advertising service offered by Google, allowing businesses to create and...

24 August

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IPR NEWS – AUGUST

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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...

02 November

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

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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...

27 August

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IPR NEWS – WEEKLY UPDATES FROM 7TH AUG-13TH AUG

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DFM FOODS LIMITED v. CHANDEL STORE & ORS. The plaintiff is the owner of the registered trademark of 'CRAX CURLS' and 'CURLS' which is a type of corn-based snack launched in December 2016. The plaintiff alleged that the defendant even though changed their trademark from ‘CURLS’ TO ‘KURVY’, the packaging of the same, both before and after name change is deceptively similar with that of the plaintiffs. The Court held that the plaintiff has prima facie case in their favor because customers can easily be confused and cheated since the goods are of low price. Therefore, restrained the defendant from using...

25 February

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IP NEWS WEEKLY UPDATE – 14 FEB 2022

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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....

09 February

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IP NEWS WEEKLY UPDATE – 9 FEB 2022

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Moonshine Technology Pvt Ltd v. Ticktok Games Pvt Ltd The Plaintiff initiated the suit against the defendant for the use of the mark ‘BAAZI’. The plaintiff claimed its marks containing the term BAAZI to be well- known and to have attained worldwide recognition. The Plaintiff alleged that the Defendant was a subsequent dishonest adopter of the mark BAAZI especially in relation to gaming services. The Plaintiff had also established that the Defendant was a direct competitor to the Plaintiff’s company as the Director of the Defendant company had been a customer of Plaintiff and claims that the usage by the Defendant...

12 January

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IP NEWS WEEKLY UPDATE – 12 JAN 2022

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AWS Music marks opposed by Amazon Amazon Technologies Inc. is opposing the registration of the mark “AWS MUSIC” claiming that the consumers are likely to be confused, mistaken, or deceived into believing that the goods offered under the newly applied AWS MUSIC mark are in some way endorsed by Amazon. It is also claimed by the Opponent that the company is the owner of 50 domestic registrations and pending trademark applications for its AWS Marks, covering a wide-range of goods and services and because of the company’s prior adoption and continuous use of the marks since 2002 and its substantial investment in...

25 November

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IP NEWS WEEKLY UPDATE – 25 NOV 2021

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YouTube expands guidelines on Copyright infringement detection The number of takedowns of content due to Copyright strike has been increasing and it was also announced that YouTube is testing out new features which aim to provide more capacity to manage channel engagement, and more options to help creators’ secure branded content deals, and monetize their efforts. The platform has now expanded access to a new content takedown process enabling creators to automatically take down duplicate uploads of any content that they’ve previously removed. The Copyright match tool has also been introduced which when creators or users submit a takedown request, scans...

08 November

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IP NEWS WEEKLY UPDATE – 8 NOV 2021

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Financial incentives for certification and Intellectual Property Rights reimbursement scheme notified by the Goa government This scheme of the government is part of the State Incentives to Encourage Investments Scheme, 2017 with an object to make the existing market more competitive and efficient both at a domestic and an international level. This scheme encourages the units which are based in Goa in relation to industries, academic institutions and hospitals to obtain certification from reputed certifying agencies and the department would reimburse 100% of the actual expenditure per certification upto 8 Lakhs and a cap of 15 Lakhs has been fixed for...

30 October

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IP NEWS WEEKLY UPDATE – 30 OCT 2021

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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...

21 September

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IP NEWS WEEKLY UPDATE – 21 SEP 2021

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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...

07 September

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The Smart Hijack – Unimaginable Threats from Smart Devices

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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....

31 August

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IP News Weekly Update – 31 Aug 2021

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in IPR News

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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