Intellectual Property Archives

Who Owns the Castle?

This post was first published on November 6th, 2011. South African Breweries International and Another v. Mohan Goldwater Breweries Ltd and Another (High Court of Delhi) FACTS Plaintiff No. 1 is a company registered in Netherlands and Plaintiff No. 2 is a joint venture company registered in India. Plaintiff No. 1 has registered CASTLE and CASTLE label in respect of beer in many countries and claims sale of USD 1 billion. The Plaintiffs contend that their mark is a well-known mark in India…

February 17, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 889Views 0Like

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Audit for IP Systems to Derive Business Value

The post was first published on November 5th, 2011. The value of IP for businesses is today an accepted fact. As I had mentioned in my earlier posts, companies are today grappling with establishing systems and mechanisms to derive value from IP rather than questioning its value as earlier. One important step in the process is uncovering IP in the company and categorizing its value for the business. I have elaborated on the role of IP Audit for identifying IP…

February 16, 2019 BananaIP Reporter Intellectual Property, IP Audits 0Comment 800Views 0Like

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What is your IP worth? Improving Revenues and Financial Value of a Company

This post was first published on October 21st, 2011. A company's Intellectual Property (IP) is one of its most valuable assets. The value of a company's IP is directly proportional to its R&D and innovative activities. The IP Value of most companies that are research-based is generally much higher than their tangible assets. Most companies in India have today realized the value of IP but fall short with respect to its planning, optimization, and utilization for gaining business benefits.…

February 16, 2019 BananaIP Reporter Intellectual Property, IP Audits 0Comment 734Views 0Like

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Can God’s Name be Monopolized? ‘No’ Says the Court

This post was first published on October 19th, 2011. BHOLE BABA MILK FOOD INDUSTRIES LTD v. PARUL FOOD SPECIALITIES PVT. LTD.- High Court of Delhi. (Division Bench) Facts: The Appellant has a trademark registration for the label KRISHNA with a pictorial reflection of Lord Krishna standing on a lotus flower for dairy products. The Respondent was selling ghee under the mark ‘PARUL’S LORD KRISHNA’ where the word KRISHNA was dominantly written in large font. The Appellant sought to obtain an…

February 16, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 880Views 0Like

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Elvis Presley International Memorial Foundation v. Crowell – Right of Publicity is Descendible

This post was first published on October 12th, 2011. 733 S.W.2d 89 (Tenn., App, 1987) Elvis Presley was one of the most popular American singers of the 20th century. He was popularly known as “King of Rock and Roll”. Elvis Presley's career was without parallel in the entertainment industry. From his first hit record in 1954 until his death in 1977, he scaled the heights of fame and success that only a few have attained. He was aware of his likeness and…

February 16, 2019 BananaIP Reporter Intellectual Property, Media and Entertainment Law 0Comment 881Views 0Like

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The image depicts a tea estate in Darjeeling.

‘Darjeeling’ is Not Owned by Tea Board

This post was first published on 19th September 2011. Tea Board, India v. I.T.C. Limited Decided by CALCUTTA HIGH COURT on 24th August, 2011 Facts The plaintiff is an autonomous, non-profit statutory body and was established by the Government of India for the purpose of controlling the Indian Tea Industry. This establishment is engaged in production, cultivation, marketing, sale and export of tea, encouraging research, and other numerous statutory duties and functions under the Tea Act. In order to preserve the integrity of tea…

February 16, 2019 BananaIP Reporter Geographical Indications (GI), Intellectual Property, Trademarks 0Comment 1615Views 0Like

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D.M. Entertainment Pvt. Ltd. v. Baby Gift House and Ors.

This post was first published on September 14th, 2011. Citation: MANU/DE/2043/2010 Daler Mehndi is a popular music composer, lyricist, and singer in India. He was involved in the creation of numerous music albums such as BOLO TA RA RA RA, DARDI RAB RAB and so on, which have been sold extensively across the world. He incorporated a company, D.M. Entertainment Pvt. Ltd., the plaintiff in this case, in 1996, in which the letters DM stands for the initials of…

February 16, 2019 BananaIP Reporter Intellectual Property, Media and Entertainment Law 0Comment 6057Views 0Like

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Music Broadcast Pvt. Ltd. v. Super Cassette Industries Ltd.

This post was first published on 5th September 2011. HIGH COURT OF DELHI RFA No.250/2011 & CM No.8977/2011 Decided On: 01/09/2011 Facts: This appeal arises out of the interim orders passed by Copyright Board in the litigation between Music Broadcast Pvt. Ltd (MBPL) and Super Cassette Industries Limited (SCIL) with respect to fixing of a royalty fee of a license agreement between the parties. According to the Memorandum of Understanding (MoU) between the two…

February 16, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 2471Views 0Like

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Cinematograph Act Amendment, Facebook to Make Political Ads Transparent, No Removal of Explicit Streaming Content, EU Agrees on Copyrights, Fiji Counter-sues, and more

Cabinet Approves Cinematograph Amendment to Curb Piracy, Delhi HC Dismisses Plea Seeking Removal of Explicit Streaming Content, Facebook to Increase Transparency of Political Ads, Jeff Bezos Accuses National Enquirer of ‘Extortion and Blackmail’, EU Negotiates Agreement on Copyright Rules, ‘GTA V’ Cheats Cost Creator USD 150,000 in Damages, Fiji Water Counter-sues Viral Fiji Water Girl, PV Sindhu Signs Lucrative 50 Crore Deal with Chinese Sports Brand, McFarlane Toys Inks Deal for DC Superhero Toys, Kiss and Emoji Collaborate, BMG to License Music through SESAC in India, Copyright Tip of the…

February 15, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law, Privacy / Data Protection, Publicity Rights/ Celebrity Rights, Social Media Law, Sports Law 0Comment 983Views 0Like

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This image depicts a stamp of the word confidential. THis image is relevant because this post talks about the basic clauses of a Non-Disclosure Agreement. Click on the image to view full post.

Confidential Information: Basic Clauses in a Non-Disclosure Agreement

This post was first published on August 15th, 2011. One of the most widely adopted measures to protect secrecy is the execution of a Non-Disclosure Agreement (NDA). It is a common practice to sign an NDA before disclosing any confidential information. A well-drafted NDA is easy to understand, not too long and lucid. Important clauses in an NDA include: Definitions; Confidentiality; and Term and Termination. a. Definitions Clause The definitions clause in an agreement…