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IPR News Tag

SURANA & SURANA > Posts tagged "IPR News"

26 March

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IPR NEWS – MARCH

Posted by Surana

Huawei Secures Patent Agreements with Vivo and Amazon Huawei has inked significant patent agreements with leading tech companies, Vivo and Amazon. The deals involve cross-licensing intellectual property to foster innovation and avoid potential legal disputes. The agreement with Vivo includes the exchange of patents related to smartphones, promoting collaboration and technological advancements in the competitive mobile industry. Simultaneously, Huawei's patent deal with Amazon focuses on a broader range of technologies, supporting both companies' commitment to innovation in diverse fields. These agreements highlight Huawei's strategic approach to intellectual property, fostering cooperation while protecting its technological assets. The collaborations aim to advance research and development...

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14 November

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IPR NEWS – OCTOBER

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ASIO Chief Rebukes China for Intellectual Property Theft at Five Eyes Summit At a historic Five Eyes summit, the head of Australia's ASIO (Australian Security Intelligence Organisation) publicly rebuked China for engaging in a sophisticated scheme of intellectual property theft. The ASIO chief expressed concern about China's extensive efforts to steal intellectual property, highlighting the significant threat it poses to the security and economic interests of Five Eyes member nations. The summit, which includes intelligence-sharing partners like the United States, the United Kingdom, Canada, and New Zealand, discussed the need for a united response to counter this threat. The ASIO chief's public...

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27 September

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IPR NEWS – SEPTEMBER

Posted by Surana

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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28 August

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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.

Posted by Surana

in IPR

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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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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07 August

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IPR AND WHITE COLLAR CRIME

Posted by Surana

in IPR

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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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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13 February

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WTR 1000 2023

Posted by Surana

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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31 January

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

Posted by Surana

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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30 November

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

Posted by Surana

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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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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30 September

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

Posted by Surana

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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26 September

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

Posted by Surana

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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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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06 September

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

Posted by Surana

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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05 September

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

Posted by Surana

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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27 August

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

Posted by Surana

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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24 August

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IPR NEWS – WEEKLY UPDATES FROM 1ST AUG-6TH AUG

Posted by Surana

Special drive for disposal of IP Disputes Marking the 75th anniversary of India's independence the Government of India has launched the 'Azadi Ka Amrit Mahotsav'. As a part of the same, the Office of the Controller General of Patents, Designs & Trade Marks has taken an initiative to run a special drive for disposal of IP disputes wherein parties are encouraged to dispose pending opposition and rectification cases and parties who have already settled their cases amicably are called upon to report to the same to the Registry of Trademarks. The public notice also states that parties are encouraged to settle...

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16 August

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

Posted by Surana

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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08 August

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

Posted by Surana

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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04 August

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

Posted by Surana

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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14 July

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IP NEWS UPDATES – JUNE 2022

Posted by Surana

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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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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15 March

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IP NEWS WEEKLY UPDATE – 25 FEB 2022

Posted by Surana

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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25 February

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IP NEWS WEEKLY UPDATE – 14 FEB 2022

Posted by Surana

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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09 February

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IP NEWS WEEKLY UPDATE – 9 FEB 2022

Posted by Surana

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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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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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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03 January

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IP NEWS WEEKLY UPDATE – 30 DEC 2021

Posted by Surana

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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29 December

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IP NEWS WEEKLY UPDATE – 21 DEC 2021

Posted by Surana

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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08 December

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IP NEWS WEEKLY UPDATE – 8 DEC 2021

Posted by Surana

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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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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25 November

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IP NEWS WEEKLY UPDATE – 25 NOV 2021

Posted by Surana

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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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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08 November

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IP NEWS WEEKLY UPDATE – 8 NOV 2021

Posted by Surana

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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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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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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08 October

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IP NEWS WEEKLY UPDATE – 7 OCT 2021

Posted by Surana

IPR News update template - 7 Oct

Piaggio v. Peugot Piaggio v. Peugot The Tribunal Judiciaire of Paris and Tribunale of Milan have found the control system which enables a three-wheeler to tilt like a regular two-wheeler employed by Peugeot Metropolis (Mahindra Group) to be infringing Piaggio Group’s patent and has banned Peugeot Motorcycles from producing, promoting, marketing, importing, exporting, using and/or possessing any three-wheeled scooter employing Piaggio’s patented technology in France. The court also imposed a fine of 1.5 million euros (Rs 12.95 crores) in addition to other penalties.AI cannot be an inventor AI cannot be an inventor Judgment dated 21 September 2021 ([2021] EWCA Civ 1374), the Court of Appeal has...

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21 September

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IP NEWS WEEKLY UPDATE – 21 SEP 2021

Posted by Surana

IPR News update template - 20 Sep

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...

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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

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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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10 August

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IP News Weekly Update – 26-31 July 2021

Posted by Surana

IP News Weekly Update – 26-31 July 2021

Trademark tiff on ‘Natural Ice creams’ The Plaintiff, Siddhant Icecreams LLP & Kamath Ourtimes Icecreams Pvt. Ltd. sued a Gujarat-based company and another for infringing the use of the term “Natural Ice Cream”. The Plaintiff is seeking damage and compensation of nearly 150 crore for infringement of its registered trademark that has been in widespread popular use since 1984. The Defendant also alleges long-standing yet subsequent use of its impugned trademark since 1992 and opposes the claims of the Plaintiff. The Bombay High Court held that Plaintiffs have a prima facie case and balance of convenience in their favour and against...

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28 July

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IP News Updates – July 28, 2021

Posted by Surana

in IPR News, Uncategorized

IPR News

CJEU affirms Pirelli’s tyre groove trade mark The Court of Justice of the European Union (CJEU) has settled the long pending dispute between Pirelli & Yokohama as regards the validity of Pirelli’s tyre groove trade mark registered in Class 12 in respect of tyre products & related accessories. CJEU has affirmed the validity of the said trade mark based on the fact that the trade mark is in respect of a single groove which, by itself, is not capable of producing any technical result. Re-establishment of IPAB recommended by Bipartisan Parliamentary Committee on Commerce The parliamentary committee has recommended re-establishment of the IPAB...

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23 June

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Sound Mark – Ring a bell?

Posted by Surana

in IPR

Sound mark 01

Protection of a sound as a trademark is an emerging trend and all necessary resources are in the making towards optimally achieving it. Although, the Trade Marks Rules, 2017 provides express provisions to obtain registration of a sound mark, the adequacy of such provisions leaves behind numerous question in the mind of a defender and enforcer. ...

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