Intellectual Property Archives | Page 137 of 269

What NOT to DO While Applying for a Trademark

This post was first published on 22nd June, 2012. 1. Have a business? Applying for a trademark is a sheer waste of time. You must already be busy with routine chores of the business. Thinking of adopting a mark and going through the entire process of getting it registered is just tiresome and unnecessary. Business will boom if it has to. 2. If you are thinking of a name for your mark, trying to adopt a descriptive name as your trademark will…

July 22, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 630Views 0Like

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Smoking Without Smoke

This post was first published on 9th April, 2011. Smoking has become one of the biggest problems haunting youngsters today. Many of us know the famous scene from a Tamil movie starring Rajinikanth where Rajinikanth takes on the challenge of flipping his cigarette into the air and catching it with his mouth and repeats this ten times. Though, this kind of scenes get applauded by the audience in the theatre but when it comes to real life, smoking is considered to…

July 22, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 744Views 0Like

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Patentability of Yoga- An Analysis

This post was first published on 22nd March, 2012. We are all aware that what is already existing in the public domain falls outside the scope of patentability. This is because it is already known and hence the aspect of novelty, which is the primary requirement to qualify for a patent is absent. Moreover, what is already there in the public domain cannot be taken back, because patents grant exclusivity to the inventor. Patenting of traditional knowledge is nothing new, and…

July 22, 2019 BananaIP Reporter Intellectual Property, Patents, Traditional Knowledge 0Comment 2451Views 0Like

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The image depicts Cipla's range of veterinary products marked 'Advantage'. Another company has a similar mark 'Advantix' for the similar products. This post talks about how the trademark issue was settled. Click on the image to read the full post.

Trademark Litigation: ‘Advantage’ of Settlement

This post was originally published on 18th December, 2011. Bayer and Cipla have recently settled trade mark litigation with respect to Advantage and Advantix trade marks. These trade marks were registered by Bayer at the USPTO and are being used for veterinary products. Cipla has been marketing one of its pet products under the trade mark, DA Double Advantage with the aid of an online supplier called Archipelago. Aggrieved by Cipla's actions, Bayer filed a suit in a US court…

July 22, 2019 BananaIP Reporter Intellectual Property, Patents, Trademarks 0Comment 928Views 0Like

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Anticipation – Mere Presence of Elements Insufficient; Arrangement of Elements Imperative

This post was first published on July 15, 2014. How is the novelty of an invention established? Another question with a similar connotation is - How does one determine if an invention is anticipated? Simple. Let's see if something exactly alike exists. Apparently, the district court of the District of Arizona didn't think so. We'll look at a case that will put to rest a lot of doubts surrounding the anticipation of inventions. The case, Net MoneyIN, Inc. v. Verisign,…

July 21, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1090Views 0Like

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The Non-Obviousness Requirement and its Evolution – Graham vs. John Deere

This post was first published on 16th July, 2014. Today's special is the case that has set a high precedent in US Patent Law practice, acquiring the status of the highest cited case in subsequent cases decided by several courts, especially the CAFC. Graham vs. John Deere Co. is cited extensively since it clarifies the judicial standing on the requirement of non-obviousness of an invention. William T Graham (Graham) sued John Deere Co. (Deere) for patent infringement. Details: Graham invented a…

July 20, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 3387Views 0Like

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Common Reasons for Delay in Grant of Patent

This post was first posted on 20th July, 2o14. A Patent gives its owner a monopolistic right and protection against unauthorized use of anything under its protection. This is the reason that a patent only gets granted once it passes several levels of stringent scrutiny. This phase is called the examination of the patent application. Examination of the application determines whether the patent application is worthy of a patent grant and thus, unless the application fulfills all patentabilty criteria, it does not receive a grant. For…

July 20, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 1454Views 0Like

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The image depicts a sack containing cotton seeds.

Patents May be Relatively New to Indians, but Inventions are Not

This post was first published on 10th March, 2014. It gives the SiNApSE blog Team great pleasure to bring forth to our readers a 1971 US patent in which Mr. C. T. Dwarakanath from CFTRI, Mysore, was an inventor. Mr. Dwarakanath was a co-inventor in the patent entitled, "Process for reduction of aflatoxin content of oilseed meals by ozonization", bearing number 3,592,641. The invention was conceived and reduced to practice during one of his visits to Louisiana, USA on a project…

July 20, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 686Views 0Like

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The image depicts the Wright Brothers walking together.

Were the brothers (W)right?

This post was first published on 20th March, 2014. Last week, my post was about the role of communication technology in making different regions of the world “excess able” from “access able”. It is important to bear in mind the role played by transportation systems in nullifying the effects of physical distance. Though different transportation means such as roadways, airways and waterways are available, when it comes to covering long distances in short time periods, aviation a.k.a. air transportation is one of…

July 20, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 878Views 0Like

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The image is a bottle of liquor 8 PM. The post is about a Delhi High Court decision about trademark in numbers. Click on image to view post.

Inebriated @ 8

This post was first published on December 22, 2011. In a very recent decision of the Delhi High Court in the case of Carlsberg India Pvt. Ltd. v. Radico Khaitan (decided on 20th December, 2011), a division bench revisited the ever debated question of trademark rights in numbers. A quick glance over the facts reveals that Radico has been the registered proprietor of the trademark '8 PM' for whiskey and other liquor. In February, 2011, Carlsberg launched Beer under the mark…