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Copyright and e Commerce Law News x

Copyright and eCommerce Law News: Apple Sues Corellium for Copyright Infringement, YouTube Sues Copyright Troll for Extortion, US Govt Supports Led Zepplin in Infringement Case and more

Delhi HC Issues Order Against Piracy Sites; Season 2 of Netflix Original Sacred Games Subject to Rampant Piracy; Apple Sues Corellium for Copyright Infringement; YouTube Sues Copyright Troll for Extortion; US Govt Supports Led Zepplin in Infringement Case; Pakistan Bans Sale of Indian Film CDs; CBS and Viacom Merge to Form ViacomCBS; YouTube Updates Policy to Protect Content Creators from False Copyright Claims; Porsche Taycan to Stream Apple Music directly into the car; Government e-Marketplace (GeM) to be Restructured as…

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Weekly Trademark News

Vistara Airlines Wins a Counterfeit Battle, Tirur Betel Leaf Gets GI Tag and Other News

Indian Trademark Statistics for August (Second Week), Guns N’ Roses Settlement, Superdry Plans Expansion in India, Sonata’s Range of Mission Mangal Watches Hit the Market, Oracle’s Trademark Battle, and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. TRADEMARK QUOTE OF THE WEEK “A brand is the set of expectations, memories, stories and relationships that, taken together, account for a consumer's decision to choose one product or service over another.” – Seth Godin INDIAN TRADEMARK STATISTICS Last week, the…

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This image depicts a rusted lock on a gate. This image is relevant because this post talks about the ongoing debate about the Trade Secret law in India. Click on the image to view full post

‘Trade Secret’ Law is Turning Out to be a Well-Kept ‘Secret’

This post was published on August 26, 2014.   A recent discussion with a friend made me contemplate the methods companies use to protect a business process. Most companies have processes that help in their smooth daily functioning yielding them their revenue. Since business methods are not patentable in India, there must be a way that these processes can be protected from competitors. Of course there is - Trade Secrets. A business process forms part of a company’s Confidential Information and can be…

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This image depicts a Monkey standing with a stick and trying to describe what Patent Troll is with the basic definitions written in the Background. This image is relevant as USPTO has granted a Patent for a method of Patent Trolling. Click on the image for more information

Patent Trolls – Threat to Innovation and its Users!

This post was first published on February 11th, 2014.   We are familiar with Patent Trolling strategies adopted by companies as a means to financial gain and to gain market advantage over competitors. Normally, in such cases, one company would use its portfolio of active patents to sue other companies which seem to infringe on their patent rights. This may trigger a litigation procedure in courts or get settled outside the court, at the expense of a huge amount of money.…

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This image depicts the word Engineer written in the reverse way. This image is relevant as the issue here is whether is it legal to reverse engineer the engineered. Click on the image for more information

Is it Legal to Reverse Engineer the Engineered?

This post was first published on September 24, 2014.   Shoppers would agree with me when I say that while purchasing something, I need to feel a connect with it. Once I have found that connection, a feeling of possession sets in and I know that the article, which until recently was only lying in a shop somewhere, is now mine. This feeling of possession of an inanimate article may lead us to believe that anything can be done to it, which would legally be…

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Copyright and Entertainment Laws News

Court Gives ‘Mission Mangal’ the Green Signal, Copyright Infringement Suits against P&G and Lady Gaga, Amazon to Acquire Stake in Future Retail, and more

‘Mission Mangal’ Gets Green Signal from Bombay High Court, Modi Government Plans to Ask YouTube to Pull Down Trailer of ‘Lynch Nation’, Upcoming Bollywood Release Batla House Faces Legal Trouble, RIAA Finds Widespread Infringement Through Online Retailers, Composer Sues P&G for Use of Whistle Tune in Old Spice Ads, Singer Accuses Lady Gaga of Copying Award-Winning Hit 'Shallow', Columbia University Sues for Ownership of Encyclopedia Iranica, Bundesliga and Athletia Partner Up to Tackle Piracy, Amazon to Acquire Stake in Future…

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This image depicts a statue of Lord Shiva. It is relevant to the post, as the post talks about the possibility of trademarking the name of God! Click on the image to read the full post.

Trademarking the name of God? Huh! – Part 2

This post was published on September 04, 2014.   In this continuation post on legal aspects of trademarking god's name, we shall look into a few cases where Courts have discussed whether or not one can trademark God's name and therefore have monopoly in using God's name as an Intellectual Property. Usually, for a trademark used for a particular brand of goods or services, to be granted, it has to acquire secondary distinctiveness in its respective consumer market, and thus, one…

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IP Protection of Computer Programs Sinapse x

Intellectual Property Protection for Computer Programs – Part III

This post was published on September 01, 2014.   In continuation to the previous post in this series, we will today be looking into copyright protection of computer software. As discussed in the previous post, Copyright Law came as an answer to the protection of computer programs at a time when the importance of Trade Secret Law for the same was dwindling. A computer program, being composed of source codes can be brought under the ambit of literary works in Copyright Law. The…

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This image depicts Sound Captcha written over it with a red color background. This image is relevant as A patent granted to Towson University was granted this patent to validate captcha for blind person using their voice. Click on this image for more information

Sound CAPTCHA – Patents for the Blind 3

This post was published on September 01, 2014.   At one point, access to technology, especially the Internet, was only a dream for the visually disabled. For a long time, online tools were not accessible owing to either the lack of availability or high cost. But today, popular screen reading software applications like Job Access With Speech (JAWS) and open source screen reading software applications like NVDA are available for free. These applications allow a blind person to access a computer and…

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This image depicts the 'Trademark' and 'Registered' symbols. This post is a part of a series on what marks are permissible as trademarks. Click on the image to read the full post.

Part I: Descriptive Marks – Can They be Protected?

This post was published on September 01, 2014.   In India, a Trade Mark means a mark capable of being represented graphically and capable of distinguishing goods or services of one person from those of others. These are the basic requirements for a mark to be eligible for Trade Mark protection laid down under Section 2(1)(zb) of the Trade Marks Act, 1999. Apart from these qualifications, a mark should also not fall under the category of the marks mentioned under Section…

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