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

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

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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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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IP NEWS UPDATES -MAY 2022

USPTO To Begin Issuing Electronic Trademark Registration Certificates On 2nd May, the USPTO announced via federal notice that, on June 7, 2022, the United States Patent and Trademark Office (USPTO) will start issuing electronic certificates of trademark registration. The electronic registration certificate will serve as the official registration certificate once it is issued. Trademark owners will have the choice to obtain paper "presentation" copies when the USPTO starts distributing electronic registration certificates, although doing so will carry a price. The ability to purchase certified copies of their trademark registrations will also be available. The Supreme Court's Effort to Resolve the Date on Section...

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Resolution of Legal Issues in Metaverse

Resolution of Legal Issues in Metaverse

At the end of October, at Connect 2021, Mark Zuckerberg relaunched Facebook as Meta in October 2021, in quest of the metaverse. The once-loved concept of a virtual world parallel to the actual world has now been mainstreamed by the internet giant's makeover. Gradually, the metaverse is becoming a part of our lives, with millions of users spending several hours a day in virtual social spaces like Roblox, and more individuals gravitating toward digital ownership of non-fungible tokens (NFTs) and cryptocurrencies. With rapidly developing online networks, the metaverse aims to improve the overlap of our social and digital lives in...

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RIGHT TO BE FORGOTTEN

Right to be forgotten

Can one be forgotten from the internet? The need In the hyper connected nature of the web today, personal information about anyone can be easily obtained within a few clicks on the internet. Personal Identifiable Information (PII) refers to any data that can distinguish a living individual uniquely or can trace it back to them. Name, identification number like Aadhar or Pan number, address, mother’s maiden name or social media identifiers constitute PII primarily. It may also include news articles indexed with the search engines like Google, financial information like credit card, bank account details, or data of violations and criminal convictions. There are...

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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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WILL THE CTC GO UP WHEN THE LABOR CODES ARE IMPLEMENTED?

WILL THE CTC GO UP WHEN THE LABOR CODES ARE IMPLEMENTED

M. DarshikaAssociate Introduction: Over the years, for governing and regulating the labor and employment regimes, several labor laws were implemented in our country.  This multiplicity of labor laws had resulted in several distinct compliances thereby making it very onerous for businesses to adhere to them.  In order to simplify, restructure and modernize the labor regime to suit the current state of labor affairs, the Central Government had subsumed 29 existing labor legislations into four new Labor Codes viz., (i) The Code on Wages, (ii) The Code on Social Security, (iii) The Industrial Relations Code and (iv) The Occupational Safety, Health and Working...

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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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