Intellectual Property Archives

Sun Pharma’s big win against Cadila healthcare

Cadila Healthcare is not only a popular name in the pharma industry but also in trademark circle. The people in the trademark fraternity are well aware about the landmark judgment involving Cadila Healthcare, which established the criteria for trade mark passing off action. Last week, the Madras High Court passed an order, i.e. a permanent injunction against Cadila Healthcare, refraining the company from using any similar trademark, as that of "VENIZ " which belongs to Sun Pharmaceuticals. Sun Pharmaceuticals had adopted the…

June 15, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 902Views 0Like

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The featured image shows a confused man holding a long roll of paper and the following words are written on the roll " What should i do?" The post is about the confusions present in the Patent amendment rules 2016. To know more, please click here.

Patent Amendment Rules 2016 – Courting Controversy and Confusion

The Patent Amendment Rules of 2016 came in as a much needed respite for many startups. It calls for appreciation of the government and the patent office for introducing several amendments to the Patent Rules which seek to enhance the efficiency of the IPR regime in India and more particularly of the Indian patent law. However, every change brings with it a short phase of chaos and confusion. The Patent Amendment Rules, 2016 brought into effect from the 16th of…

June 14, 2016 BananaIP Reporter Intellectual Property, Patents 0Comment 932Views 0Like

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The featured image shows the word censored written in white letters on a grey background. The post relates to the recent row between producers of udta punjab and CBFC. To know more, please click here.

Freedom of expression and Censorship

The Central Board of Film Certification’s (CBFC) discomfort to allow filmmakers’ “freedom of expression” has been a subject of clash quite often, with the recent one involving the producers of the film Udta Punjab, a drug abuse themed film, who approached the Bombay High Court challenging the order of CBFC asking it to delete different items, words, references etc.The Court said that CBFC’s power is to only certify movies for public exhibition and not to censor them. The parties have…

June 13, 2016 BananaIP Reporter Intellectual Property, Media and Entertainment Law 0Comment 955Views 0Like

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The featured image shows powdered turmeric in a steel bowl with a spoon inserted inside. This post deals with traditional knowledge associated with turmeric. To know more, please click here.

The Curious Case of Turmeric Latte

Turmeric Latte is experiencing a wide following and has attained a cult status in the market abroad. From Sydney to San Francisco, cafes and restaurants are adding turmeric latte to their menus and the rising popularity of the same is reflected in the gradual loss of sales of different coffee lattes.The Guardian analyzing the market demand has given Turmeric Latte a title - ‘2016’s drink of choice’. Google, too in its report of November 2015 to January 2016 has mentioned…

June 10, 2016 BananaIP Reporter Intellectual Property, Traditional Knowledge 0Comment 1824Views 0Like

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The featured image shows the word software written in blue colour on a white background in italics. This post is regarding the patentablity of software. To know more, please click here.

Enfish, LLC v. Microsoft Corporation : A Victory For Software Patents

There is now a ray of hope for computer and software based patents. The case which is discussed below is the second one post Alice Corp. v. CLS Bank International case. In Enfish, LLC v. Microsoft Corporation, the U.S. Court of Appeals for the Federal Circuit reversed a California district court’s summary judgment that two software patents were directed to an “abstract idea” without “significantly more” and therefore were not eligible for patent. The facts of the case are stated below.…

June 9, 2016 BananaIP Reporter Intellectual Property, Patents 0Comment 1531Views 0Like

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Sony’s use of Emoji: A possible legal dispute

Sony might have to settle a possible trademark as well as copyright dispute with Marco Husges, before it can release an animated film titled “The Emoji ”. Marco Husges, is a game developer and emoji creator who has previously worked on the MMO Shadowbane, Starbreeze Studio’s Enclave and had filed for commercial trademark of the word "emoji" back in 2013. He claims to have trademark merchandising rights over 3000 emojis. The rights over the emoji shouldn’t be confused…

June 8, 2016 BananaIP Reporter Copyrights, Intellectual Property, Trademarks 0Comment 760Views 0Like

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ABS Entertainment, Inc. v. CBS Corporation, et al.

This article relates to an interesting summary judgment passed by the District Court of California in a suit brought for copyright infringement. The Plaintiffs, ABS Entertainment Inc., Barnaby Records, Inc., Brunswick Record Corporation, and Malaco Inc. (collectively addressed as “Plaintiffs”) brought a copyright infringement suit against CBS Corporation and CBS Radio Inc. (collectively addressed as “CBS” or “Defendants”) for publicly performing, through radio broadcasts or digital internet streams, the Plaintiffs’ pre-1972 sound recordings. It is necessary to state the…

June 6, 2016 BananaIP Reporter Copyrights, Intellectual Property 0Comment 769Views 0Like

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Disney and Dalian Engage in Comic Wars

A conflict for the protection of intellectual property right arose recently in China when a Chinese based Infrastructure Company, Wanda Company diversified its business and entered in to a theme based park. It is interesting to note how the conflict arose in this case. The facts are as follows: on the inauguration of the theme park of Wanda Group on 28th May 2016, few people who were alleged to be workers of the park, were seen clad in Captain America,…

June 2, 2016 BananaIP Reporter Copyrights, Intellectual Property, Trademarks 0Comment 723Views 0Like

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The featured image shows the top view of the cap of a coca cola bottle. The post is about the registration of "zero" as a trademark by Coca Cola. To know more, please click here.

‘Coca Cola’ Tastes the Feeling of ‘Zero’

After thirteen years of long battle, Coca-Cola Company has finally been granted registration for the trademark “zero’’ for its zero-calorie drinks, namely Coca-Cola Zero, Sprite Zero and Powerade Zero by the US trademark authorities. The company had been trying to register the trademark “zero” in US since 2003. However, Dr Pepper who sells a diet soda, called Diet Rite Pure Zero, challenged this effort by Coca-Cola in the year 2007 for registration of the word “zero”. Dr.Pepper argued that “zero”…

June 1, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 827Views 0Like

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Google’s use of Java APIs in Android – fair use?

The District Court of the Northern District of California held last week that Google's use of 37 Java APIs of Oracle does not give rise to copyright infringement liability because it is fair use. On remand from the Federal Circuit, in a Jury trial, Google's use of Java APIs and around eleven thousand lines of code was held to be fair use as it is meant to promote inter-operability and compatibility between programs. You may read our earlier post for…