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intellectual property rights Tag

SURANA & SURANA > Posts tagged "intellectual property rights"

Concept of Dynamic Injunctions and an overview of landmark Cases Shaping Dynamic Injunctions in India

P. Saranya, Senior Associate, IP Practice Introduction: The proliferation of digital technology has revolutionized the way we consume and distribute content. However, with this advancement, digital piracy has also become a pervasive issue, posing significant challenges to creators, copyright holders, and the entertainment industry at large. In India, combating digital piracy has been a priority, and one of the legal tools that has gained prominence in recent years is the concept of dynamic injunctions. This article delves into the legal framework surrounding dynamic injunctions in India, analysing landmark cases that have shaped this approach to combat digital piracy. I. Understanding Digital Piracy in...

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IPR NEWS – SEPTEMBER

Renowned Authors, Including Grisham and Martin, Sue OpenAI Over Copyright Concerns Seventeen prominent authors, including John Grisham, George R.R. Martin, and Jodi Picoult, have filed a lawsuit against OpenAI, alleging copyright infringement. The authors claim that OpenAI's language model, GPT-3, is being used to generate content that mimics their writing style, posing a threat to their intellectual property. The lawsuit contends that OpenAI's GPT-3 generates text that closely resembles the authors' work, potentially leading to confusion among readers and devaluing their unique literary voices. The authors seek to protect their creative works and maintain control over their intellectual property rights. OpenAI...

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IMPORTANCE OF IP VALUATION: UNLOCKING THE TRUE VALUE OF INTELLECTUAL PROPERTY

IMPORTANCE OF IP VALUATION

Nihaarika Prudhvi, Trainee – Intellectual Property Rights Practice INTRODUCTION: In today's knowledge-driven economy intellectual property (IP) has become an asset for businesses across various industries. IP assets such as patents, trademarks, copyrights, trade secrets and designs can represent a significant portion of a company's worth. However accurately assessing the value of these assets can be a complex task. This is where IP valuation comes into play. IP valuation enables businesses to understand and quantify the value of their intangible assets aiding in strategic decision-making transactions and legal matters. So, basically this article helps the readers to gain a little knowledge about IP...

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Application of the Doctrine of Territoriality in Protection of Trademarks – An analysis in view of the US Supreme Court’s Decision in Abitron Austria GmbH v. Hetronic International, Inc.

Application of the Doctrine of Territoriality in Protection of TradeMarks

Balaji. P, Principal Associate, IP Practice The trademark territoriality principle has long been a fundamental aspect of international intellectual property laws, governing the scope and protection of trade marks across borders. Recently, the US Supreme Court's decision in Abitron Austria GmbH v. Hetronic International, Inc. has brought renewed attention to this principle and its significance in the global trade and commerce. This article aims to examine the position of the territoriality principle in India with a focus on relevant case laws and explore the implications of the US Supreme Court's ruling. Introduction: The trademark territoriality doctrine is a well-established and recognized principle of...

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IPR NEWS – AUGUST

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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PATENT DOCKETING

PATENT DOCKETING

Saranya K - Associate, IP Practice INTRODUCTION In the fast-paced world of intellectual property (IP) management, patent docketing plays a pivotal role in ensuring the smooth and efficient processing of patent applications. Patent docketing involves the systematic recording, tracking, and management of patent-related documents, deadlines, and actions. This article explores the importance of patent docketing, its key components, and the benefits it brings to inventors, patent attorneys, and organizations. WHAT IS PATENT DOCKETING? Patent docketing is the process of managing and organizing patent-related information, including documents, deadlines, and actions, in a structured and systematic manner. It involves creating an electronic or physical repository that...

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REBRANDING- AN IP PERSPECTIVE

Rakshana MK- Associate IP Practice “Rebranding”, seems like a term that’s been buzzing around us largely in recent times right! We are witnesses to Facebook’s transformation into Meta[1] and Twitter’s transformation into X[2], but ever wondered what impact such rebranding has on the Intellectual Properties that the companies own? This article attempts to understand the effects of rebranding from an IP viewpoint and draws out some lookouts for an efficient rebranding process. What does the term Rebranding mean? A verbatim interpretation of the term simply means to give a brand a new look and projection before its consumers with the intention to...

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PATENTABILITY VS. FREEDOM TO OPERATE

PATENTABILITY VS. FREEDOM TO OPERATE

Nihaarika Prudhvi, Trainee – Intellectual Property Rights Practice Securing a patent for an invention is an important step toward protecting your intellectual property (IP) rights, as it allows you to prevent others from making, using, or selling your invention and claiming it as their own. However, before marketing and selling a finished product, make sure you have the Freedom to Operate (FTO). Owners may not be able to make, use, or sell your invention without the FTO. The FTO is especially important in industries such as biopharmaceuticals, biotechnology, and pharmaceuticals. Chemical products and companies entering foreign markets are few of the...

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IPR AND WHITE COLLAR CRIME

IPR AND WHITE COLLAR CRIME

N. Vignesh Kumaran Senior Associate & Patent Agent, Intellectual Property Practice IPR Intellectual property (IP) includes intangible creations of the human intellect, which can be an idea, invention, literary creation, unique name, business method, industrial process, chemical formula, and computer program. The IP is considered an important part of economic, social, and cultural development, laws have been created throughout the world to define and protect the rights of those who develop IP through patents, copyrights, trademarks, and trade secrets, and are enforced primarily through civil action and criminal prosecution. WHITE COLLAR CRIME White-collar crime is commonly known as financially motivated, nonviolent crime committed by businesses and government professionals.The...

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A Case for Compulsory Licensing: Balancing Access and Intellectual Property Rights

A Case for Compulsory Licensing

Sonam Nanda Advocate, Surana & Surana International Attorneys INTRODUCTION The Copyright Act, 1957 plays a pivotal role in safeguarding the rights of creators, authors, producers, performers, and their works. Nevertheless, under certain circumstances, the exclusive rights granted to copyright holders can impede the accessibility of their works to the general public. In order to strike a balance between the protection of intellectual property and the promotion of public interest and rights, Section 31 of the Copyright Act, 1957 was established. Subsequently, several clarifications were introduced to enhance its scope, namely Section 31A, 31B, 31C, and 31D. This article aims to analyse the concept...

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Parle loses its battle against Cadbury before the Delhi High Court and restrained from manufacturing and selling its FAB!O Biscuits

P. Saranya Senior Associate, IP Practice In the modern era, Advertising plays a significant role for the reach and success of a product among the common public. People before coining/adopting a brand always use their intellect to develop the products which are distinctive and unique in nature and have not been in the market earlier. This Article will give you the complete details about the concept of trade dress and its infringements in India. Here is the case of “The Intercontinental Brands v Parle product pvt ltd” [2023 DHC 953] wherein the Hon’ble High Court of Delhi restrained the Defendant from using the...

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AI CHATBOTS AND INTELLECTUAL PROPERTY RIGHTS

AI CHATBOTS AND INTELLECTUAL PROPERTY RIGHTS

RAKSHANA. MK Associate- IP Practice “A computer would deserve to be called intelligent if it could deceive a human into believing that it was human.[i]” – Alan Turing In the recent times, terms such as Open AI, Bard, ChatGPT, etc. are making it to the headlines and have become one topic which has been discussed by a number of people irrespective of their age, the industry they work in or their geographical locations. There is increased expectation on the abilities of the above mentioned tools, at the same time, there is ambiguity and confusion with regards to the effect on the same on human...

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PATENT PROTECTION FOR COMPUTER RELATED INVENTIONS (CRIs) IN INTERNET OF THINGS (IOT)

PATENT PROTECTION FOR COMPUTER RELATED INVENTIONS

Saranya K Associate – Intellectual Property Rights Practice INTRODUCTION Iot enables physical devices, vehicles, buildings, and other items that have embedded sensors and software that allow them to collect and exchange data with each other over the internet. This technology enables machines to communicate with each other, exchange data and perform actions without any human intervention. IoT cab be called as Internet of Everything (IOE). This term refers to the concept that not only physical objects or devices, but also people, processes, and data are interconnected and communicate through the internet. IoT has the potential to revolutionize various industries, including healthcare, transportation, manufacturing,...

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PATENT PROTECTION IN THE FIELD OF NANOBIOTECHNOLOGY

PATENT PROTECTION IN THE FIELD OF NANOBIOTECHNOLOGY

Nihaarika Prudhvi, Trainee - Intellectual Property Rights Practice INTRODUCTION: Since we live in a scientific era, it is important that we understand several aspects of rapidly developing field of nanobiotechnology, including patent protection. Nanoscience is the study of marvels and manipulation of material at the nanoscale, in substance an extension of being lores into the nanoscale. Accoutrements reduced to the nanoscale can suddenly show veritably different parcels compared to what they show on a macroscale. With Nanotechnology, a large set of accoutrements with distinct parcels (optic, electrical or glamorous) can be fabricated. The lower a nanoparticle gets, the larger its relative face area...

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PATENTING OF MICROORGANISMS & GENES

PATENTING OF MICROORGANISMS & GENES

VERSHA YADAV Patent Agent /Patent Associate, Surana & Surana International Attorneys ABSTRACT In the 21st century, it is becoming increasingly clear that access to cutting-edge technologies and discoveries can be the difference between progress and failure in the business world. This has led to a rise in patenting of various microorganisms, genes, and viruses.  Although, the government of India permitted patenting of microorganisms in India under the Patents Bill (Second Amendment) on 14th May 2002. The government of India has so far granted many patents for microorganisms, and various pharmaceutical companies and research institutes have filed an application for patenting of microorganisms. But patenting...

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WTR 1000 2023

WTR 1000 SSIA Awards - IPR News

The World Trademark Review’s WTR 1000 2023, focuses exclusively on trademark practice and has firmly established itself as the definitive 'go to' resource for those seeking world-class legal trademark expertise. India continues to foster innovations and, since last year, has climbed to the 40th place in WIPO's Global Innovation Index. The 301 Report by the Office of the United States Trade Representative maintained India's ranking as one of the seven countries where protecting and enforcing IP rights presents a major challenge. The report praised improvements to the efficiency of online IP enforcement, reduced examination times for patent and trademarks and increased...

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The FIFA IP Law : Qatar’s Ticket To A Booming Economy

FIFA IP Law

Chinna Aswathy Abraham, Associate, Dispute Prevention and Resolution Practice S. Nagarjun, Student Intern Introduction: Organizing and staging a global sporting event is no small feat. The strategic use of trademarks and other commercial rights helps generate the revenue streams required to fund such events (1).With the increasing commercialisation of sports, large corporations and brands are keen on enhancing the fan experience by making sporting events accessible to every household, be it in the form of live broadcasting of these events or by way of sports merchandising. The Federation Internationale De Football Association (FIFA) World Cup is the world's largest single-sport event and the World...

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EXPEDITED EXAMINATION AND PROCESSING OF TRADE MARK APPLICATIONS – A COMPARATIVE ANALYSIS

Balaji P L.L.M., Principal Associate, Surana & Surana International Attorneys Introduction The examination of trade mark application is the pivotal stage in the process of ascertaining registrability of the applied mark by the trade mark offices around the world, which starts with the issuance of an office action/examination report with the list of objections raised by the trade mark offices or a letter of acceptance of the trade mark. Subsequently, the application may go through re-examination, advertisement, oppositions, hearings, etc., before reaching the stage of registration. The time period taken by the trade mark offices, for completing the first examination of application and...

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IPR NEWS – WEEKLY UPDATES FROM 27th NOV – 3rd DEC

Delhi HC stops Andhra company from using Kohinoor Seed Fields trademarks The Delhi High Court on 1 December 2022, granted an ex parte ad interim order to an Andhra based company after the company has used the trade name deceptively similar to the plaintiff. In the present case, the Kohinoor Company, being a leading seed company, has put a non-exclusive contract with the defendant company for marketing and distributing their products. Further, the plaintiff has been selling transgenic BT cotton hybrid seeds, approved by the Genetic Engineering Appraisal Committee, in the brand names of “SADANAND”, “TADAAKHA” and “BASANT” from 2014. Later,...

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IPR NEWS – WEEKLY UPDATES FROM 6th NOV – 11th NOV

CONDE NAST v. DRAKE Conde Nast, the owner of Vogue magazine, on November 7 has filed a lawsuit against Drake and 21 Savage for using the Vogue trademark without authorization to promote their new album "Her Loss." Conde Nast claimed that the rappers' promotional campaign was "entirely" based on the unauthorized use of Vogue trademarks and false claims that they would appear on the magazine's upcoming cover with the "love and support" of longtime editor-in-chief Anna Wintour, including to their more than 135 million social media followers. Conde Nast said that the defendants also produced a fake issue of Vogue that...

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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 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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IPR NEWS – WEEKLY UPDATES FROM 21ST AUG – 26TH AUG

ALLAHABAD LAW AGENCY V. AMAZON RETAIL INDIA PVT. LTD. & ORS The plaintiff is a book publishing company and had filed a lawsuit seeking permanent injunction against third party sellers in the e-commerce website of the defendant. The plaintiff alleged that pirated versions of the book, “the Law of Torts by Dr. R.K. Bangia”, was being sold in the e-commerce website by many sellers thereby committing copyright infringement. The plaintiff had claimed that the copyright of the book was bought by them from the author by an assignment deed executed in August, 1968 and after the death of the author, the...

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IPR NEWS – WEEKLY UPDATES FROM 14TH AUG – 20TH AUG

FLIPKART INTERNET PRIVATE LTD. v. STATE OF NCT OF DELHI & ANR. The respondent company Sanash Impex Pvt. Ltd have procured the authorized rights to sell the cosmetic products of a Czech based company ‘DC DERMACOL’ in India . A FIR was filed against Flipkart by the complainant for trademark infringement of their mark ‘DC DERMACOL’ by unauthorized resellers who were selling fake products in Flipkart and Amazon. The complainant also alleged that this act was committed by them in collaboration and connivance with Flipkart, thereby accusing Flipkart of enabling the sale of fake DC DERMACOL cosmetics and charging the resellers...

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

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...

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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 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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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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IPR Challenges in the Metaverse

IPR Challenges in the Metaverse

Metaverse, to many is that enigma where the demarcation boundaries between the virtual and real get blurred. It is the coming together of virtual reality and augmented reality. Metaverse presents a world of boundless potential. You may take virtual trips, live an ‘imagined’ life through digital avatars or trade in digital assets. You can own a Raja Ravi Varman painting or a Thor’s hammer in metaverse. In short, metaverse is the virtual extension of our real world. Why is Metaverse Important? The importance of Metaverse extends not only to personal experiences but also commercial viability. Brands now can offer you a ‘lived...

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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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NON-FUNGIBLE TOKENS & INTELLECTUAL PROPERTY RIGHTS – AN ANALYSIS

NON- FUNGIBLE TOKENS & INTELLECTUAL PROPERTY RIGHTS- AN ANALYSIS

By RAKSHANA. M. K., Associate, Intellectual Property Practice Introduction: Non-Fungible Tokens (NFT) have been the talk of the investment world and among the Crypto community in the recent times. Over the last decade, terms such as Blockchain technology, Cryptocurrency and Non-Fungible Tokens have gained popularity among the public in this digital era. As far as NFT is concerned, the platform has planted the confidence of generating revenue both for the creators and the purchasers involved in the process. There are huge speculations in relation to Blockchain technology being the ‘next big thing’ and its ability to revolutionize the future. Cryptos and NFTs...

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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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ARTIFICIAL INTELLIGENCE (AI) & INTELLECTUAL PROPERTY

ARTIFICIAL INTELLIGENCE (AI) & INTELLECTUAL PROPERTY

By D.Sai Meera, Senior Associate, IP Practice 1. Introduction Artificial intelligence (AI) is the ability of computers and machines to perform mental tasks commonly associated with humans, such as learning, reasoning and problem solving.1 AI is one of the emerging Frontier Technologies.2 Frontier technologies are defined as technologies that transform the world. The emerging and merging of Frontier technologies is viewed as the Fourth Industrial Revolution or Industry 4.0. Frontier technologies include: digital technologies, such as the Internet of things (IoT), blockchain, artificial intelligence (AI), big data and cloud computing. Physical technologies, such as autonomous driving, 3D printing, hardware innovations and biological technologies such as genetic engineering, human...

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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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IP NEWS WEEKLY UPDATE – 9 FEB 2022

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...

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IP NEWS WEEKLY UPDATE – 7 FEB 2022

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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Intellectual Property Rights in Mobile Apps

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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IP NEWS WEEKLY UPDATE – 25 JAN 2022

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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IP NEWS WEEKLY UPDATE – 20 JAN 2022

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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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 – 30 DEC 2021

Kyobo Life fined for letting subsidiaries use IPs for free The insurance company holds various forms of IPs including numerous trademarks and copyrights. The company was accused of letting their subsidiaries use the Kyobo brand without paying fees from 2016 to 2019. The South Korea's financial watchdog has ordered Kyobo Life Insurance Co. to pay a fine of 350 million won for providing undue support to the subsidiaries. The action has been taken considering the economic value of the company as the unpaid fees are estimated to be billions of won. H&R Block claims trademark infringement by Square’s The tax preparation service company...

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IP NEWS WEEKLY UPDATE – 21 DEC 2021

France.com Inc v. French Republic The legal battle for the trade name and mark France.com commenced years back and presently, the US Supreme Court has ruled in favour of the Government. This trade name and mark was used since 1994 by a U.S. citizen and French expat and owns protections for the trademark in US and EU. The trademark was used in relation to French travel services. The holder of the trademark sued a Dutch company in Paris for infringing its trademarks, and the French government came into play. The French Republic argued that it carried the sole right to use...

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IP NEWS WEEKLY UPDATE – 8 DEC 2021

UpGrad files trademark infringement suit against Scaler: A suit was filed before the Delhi HC against the EdTech company Scaler for using the brand name ‘upGrad’ through Google Ads to appear on top of the page on the Google Search Engine. The company has sought damages of more than 3 Crores. Presently, the Delhi HC has granted an ad-interim injunction in favour of upGrad and has directed Scaler to not to use upGrad’s registered marks and or its variants in relation to Google Ads Programs or any other keyword program. Brittex Financial v. Dollar Financial: The marks in dispute are MONEY MART used...

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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 – 25 NOV 2021

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...

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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 – 8 NOV 2021

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...

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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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