28 October

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

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QUALCOMM v. APPLE Despite the fact that the two tech titans' legal battle over three smartphone patents had been resolved, the U.S. Supreme Court on October 3, once more declined to consider Apple Inc.'s request to resurrect the case. In 2017, Qualcomm filed a lawsuit against Apple in federal court in San Diego, alleging that the company's iPhones, iPads, and Apple Watches violated many mobile technology patents. The lawsuit concerned a larger international conflict between the two digital behemoths. At the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office, Apple contested the legality of the patents at...

05 September

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Case of Coca-Cola for Cancellation of US Trademarks based on“MISREPRESENTATION OF SOURCE” before the TTAB and CAFC

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Case of Coco-Cola for Cancellation of US Trademarks

By P. Saranya, Senior Associate, IP Practice INTRODUCTION: The concept of identifying the source of manufactured goods by its unique brand or trademark was an ancient practice but its importance in trade and commerce was realized with the advent of the industrial revolution. Trademarks soon became an indispensable form of intellectual property rights in the industry of trade and commerce. Further, the mass production, sale and distribution of goods created a lot of confusion with regards to the trade origin of the goods thus giving rise to a creation of trade mark law. In an economic scenario where, multiple manufacturers tried...

16 August

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

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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...

14 July

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IP NEWS UPDATES – JUNE 2022

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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...

09 July

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IP NEWS UPDATES -MAY 2022

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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...

15 March

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IP NEWS WEEKLY UPDATE – 25 FEB 2022

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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...

27 January

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Intellectual Property Rights in Mobile Apps

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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...

25 January

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IP NEWS WEEKLY UPDATE – 25 JAN 2022

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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...

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...

04 January

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IP NEWS WEEKLY UPDATE – 04 JAN 2022

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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...

29 December

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IP NEWS WEEKLY UPDATE – 21 DEC 2021

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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...

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...

20 October

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IP NEWS WEEKLY UPDATE – 20 OCT 2021

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Delhi High Court circulates Intellectual Property Division (IPD) Rules, 2021 for inputs from the members of the Bar The Hon’ble Chief Justice of Delhi High Court had announced the creation and functioning of a separate Intellectual Property Division which would solely deal with the IP matters in July, 2021. On 8 October, 2021, the Delhi HC had circulated the IPD Rules, 2021 among the members of the bar for their suggestions and recommendations. The IPD Rules, 2021 deals with the practice and procedure for the exercise of the original and appellate jurisdiction of IPAD and for other miscellaneous petitions arising out...

08 October

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IP NEWS WEEKLY UPDATE – 7 OCT 2021

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in IPR News

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...

14 August

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IP News Weekly Update – 14 Aug 2021

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in IPR News

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...

10 August

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IP News Weekly Update – 26-31 July 2021

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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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