The requirements regarding licensing terms and procedures for enactment of national standards especially in the field of information communication technologies is an important development in the regulations which affect a business enterprise’s licensing negotiations. In a device, the technology in each component has to work together, i.e. Devices typically need to comply with some standards or protocols by which devices communicate with each other and other technology to achieve their functionality. For example, smart-phones made by different manufacturing companies, are…
In furtherance of the previous post about the BMW Emblem case , the current post is regarding the luxury automobile manufacturer, Bentley Motors Inc, which prevailed in a trademark infringement lawsuit against the makers and installers of kits that transform more modest vehicles into virtual clones of the Bentley.
The crux of the issue here is, whether producing and installing external body kits to inexpensive vehicles to seem similar to high-end luxury automobiles constitutes trademark infringement and dilution of the…
This post discusses the scope of protection of black and white trade mark registrations in infringement proceedings.
The OHIM (Office for Harmonization in the Internal Market) made the announcement, on 15 April, 2014, about a new common practice for trademarks registered in black and white. The OHIM and the participating national offices have now issued a Common Communication, together with details of the implementation process.
As per the new Common Practice, a black & white (or grayscale) mark will only be considered…
This post brings to light some of the Indian cases dealing with trademark infringement in the automobile industry.
The first case that would be discussed here is that of Tata Motors. The story starts in mid 2014, when Tata Motors approached the Court of Chief Metropolitan Magistrate, Vidya Prakash, complaining of some unknown persons engaged in the business of manufacturing, trading, distributing, storing and selling counterfeit and spurious products under the trademark of ‘Tata Motors’.
Tata Motors informed the Court…
Google, the tech giant is working on things that only few in the world would dare to take on. The company is finding opportunities in the changing environment and discovering, developing and innovating products, services and methods in order to satisfy the changing needs. Here are the two new fascinating technologies which the company is in the process of developing.
Not too long ago, Google filed a patent in the USPTO that reveals a concept for an in-car tool which…
The visual or acoustic performances of actors, musicians, singers or dancers forms a key part of the creative process and the performers who display their talents through their artistic performances must be entitled for certain rights over such performances as well as a share in the proceeds from its commercial exploitation.
However, the rights of the performers were not recognized internationally until the adoption of the Rome Convention of 1961. This international treaty called for protection against unauthorized broadcast of…
Case Title: Sholay Media Entertainment Pvt. Ltd. & Ors.v. Parag Sanghavi & Ors.
Citation: 223 (2015) DLT 152, MIPR 2015 (3) 0096
Brief Facts:
The dispute is centered around the highly popular movie ‘Sholay’ directed by Mr. Ramesh Sippy and produced by Mr. G.P. Sippy and the movie ‘Ram Gopal Verma Ki Aag’ directed by Mr. Ram Gopal Verma. Before we go into the particulars of the dispute, one must have an understanding of the ownership of the rights over the…
The Department of Industrial Policy and Promotion (DIPP) intends to bring about some wonderful changes to the existing patent law. A quick look at the proposed changes suggests significant variation from the existing law and introduction of procedures to expedite grant of an application and revised set of rules for patent opposition. The patent applicants (their competitors too) and their agents have been long aggrieved regarding certain patent protection procedures which the DIPP now has taken notice of and have…
Known for her creativity and originality, Beyoncé was slammed with a $ 7 million lawsuit for one of her latest singles ‘XO’. The ‘Crazy in Love’ singer found herself facing a lawsuit by Ahmad Javon Lane, a singer, who claimed that Beyoncé allegedly infringed his song ‘XOXO’ after he gave a digital copy of the song to one of her background singers, Chrissy Collins. One of the main questions posed before Judge Paul A. Engelmeyer, District Judge, U.S. District Court…
Dr. Kalyan C. Kankanala at a seminar organized by Confederation of Indian Industry (CII). The presentation was given to an audience consisting of participants from MNCs, corporates, MSMEs, innovation, IPR research and consulting firms / institutes, R&D companies, IP consultants, academic institutions, scientists etc.
Date : 30/10/2015
[button link="http://www.sinapseblog.com/valuation-of-ip-a-presentation-given-by-dr-kalyan-c-kankanala-at-a-seminar-by-confederation-of-indian-industry-cii/" newwindow="yes"] Read more[/button]