The automobile sector is one of the fastest growing, competitive, and highest revenue earning industries. Keeping in mind the stiff competition, most leading automobile companies actively protect their IP. This post brings to light recent patenting trends seen in the automobile industry. The recent patent deployment strategies of established players demonstrates considerable improvement in technological areas such as propulsion, telematics, safety and security.
Propulsion technology remains a hot topic among the automobile giants. The automakers aim to satisfy a long…
Patent law is one of the most complex legal areas, more specifically a techno-legal area where lay persons, including judges and patent attorneys have a hard time understanding the facts and technologies discussed during patent litigation cases. A scientific advisor or a scientific expert in the specific technology plays a crucial role in educating and presenting intricate technological issues, he/she helps translate complex technology and communicate the legal implications of conclusions into terms the judges and the patent attorneys can…
A few months ago, the Office of the Controller General of Patents, Designs, and Trademarks released their annual report (hereinafter referred as ‘report’) for the 2013-2014 financial year. The report explains in detail, all statistics pertaining to Patents, Trademarks, Copyrights, Designs, and Geographical Indications (GI), for the aforementioned time period. Let’s have a look at the statistics and analyze the transformation Indian IPR system is undergoing. We begin our analysis with the Patent domain.
The Patent system has a well…
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…