We’ve got some sad news for our FC Barcelona fans. The General Court of the European Union recently ruled against the football club FC Barcelona and in favour of an American fashion company named Kule, affirming a previous decision, that the football club had failed to prove the genuine use of the mark ‘Cule’.
For all our non-football fans, ‘Cule’ means a fan or supporter of the FC Barcelona. The issue first came up in 2011, when Kule had…
Udta Punjab, the recently released bollywood movie on substance abuse prevalent in Punjab has been mired in controversy from the beginning. Earlier, when the movie had commenced its shooting,the production unit faced trouble for not taking mandatory permission from the district administration and police authorities of Amritsar. However, recently the movie drew attention due to its certification and censorship by the Central Board of Film Certification (CBFC) which became the bone of contention between the producers and the CBFC. In…
“Submitting to censorship is to enter the seductive world of ‘The Giver’: the world where there are no bad words and no bad deeds. But it is also the world where choice has been taken away and reality distorted. And that is the most dangerous world of all “ – Lois Lowry
Indian film fraternity has now entered a new era where both realistic films as well as commercial films are equally appreciated by audiences. The success of Gangs of…
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…
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…
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…
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…
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.…
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…
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…