Intellectual Property Archives

Featured image reads Patents, as the post is about patent infringement. To read the post click here.

Filing a PCT Application in India? Get your FFL ready!

Under Section 39 of the Indian Patents Act, 1970, an Indian resident is required to file his invention first in India, and only after a period of six weeks from the date of filing, a filing could be done for the same invention outside India. Alternatively, the Indian resident could file Form-25 with prescribed fee, requesting the Controller for a Foreign Filing License (FFL), and can go ahead with such filling after obtaining the license . If the invention is proved to be relevant…

June 16, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 1279Views 0Like

ShareFacebook

Featured image of peps Spine guard mattress is used, as the post is about a trademark issue related to this. To read the post click here.

Peps Industries Vs. Shakti Mattresses & Gears

The Delhi High Court has passed an ex-parte interim injunction against Shakti Mattresses & Gears Pvt. Ltd. on 29th May 2015, to restrain from dealing in the goods and services, under the mark ‘SPINE GUARD’, which is a registered trademark of the plaintiff, Peps Industries Pvt. Ltd. To briefly state the facts, the Plaintiff, Peps Industries Pvt. Ltd., is engaged in the business of manufacturing, marketing and sale of sleep comfort products such as mattresses, pillows, cushions, sofas, beds and…

June 16, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 740Views 1Like

ShareFacebook

This town isn’t enough for the two of us : Zara Trademark Dispute

This conflict is between a world-renowned luxury-clothing brand and a renowned restaurant and bar in a city. The Delhi High Court decided the trademark infringement tussle in favor the luxury brand ZARA, not because it is celebrated around the world but simply to protect the brand’s trademark rights. ZARA, an internationally reputed brand, the plaintiff sued Zara Tapas Bar for trademark infringement and sought injunction restraining the defendant from infringement, passing off and dilution of its trademark. The plaintiff contended…

June 16, 2015 BananaIP Reporter Intellectual Property, IP Commercialization/Licensing, Trademarks 0Comment 1701Views 1Like

ShareFacebook

Featured is a picture of a quote by Eric Fromm, "Creativity requires the courage to let go of certainties". To read the full post click here.

Intellectual Property, Creativity and Madness

Creativity forms the foundation of intellectual property and intellectual property law. The latter has no existence in the absence of the former. We, Intellectual Property (IP)/Patent attorneys, earn our bread and butter from creators and inventors. One of the joys of being an intellectual property attorney is the opportunity to work with geniuses. While the opportunity leaves one happy and contented on most days, IP attorneys once in a while come across personalities, very difficult to handle. Many a time,…

June 16, 2015 BananaIP Reporter Intellectual Property 0Comment 1019Views 0Like

ShareFacebook

Apple’s Swift will be Open Source

It has been reported that Apple's new programming language Swift, which is now in its second version will be made available as open source software (OS) under a permissive license. However, the specific license under which it will be made available as OS has not been specified. Some bloggers are of the opinion that it would most probably be available under Apache or another BSD style license. Over the last five years, flexible licenses have taken over the viral GPL…

June 15, 2015 BananaIP Reporter Intellectual Property, Open Source Licensing 0Comment 925Views 0Like

ShareFacebook

Featured Image is of a Biodiversity day celebration in a British Garden, and this is directly related to the topic being discussed in the post i.e. Biodiversity

Regulation of Resources: Endeavours of National Biodiversity Authority

Our World is no more segregated into 7 continents and 247 countries. It is One Big Global Village. We can have access to anything that is exclusively available in one part of the world in our home country. For this, we ought to thank Globalization, Commercialization and Industrialization. The coming up of more industries, MNCs has made our world a better place to live in - a more accessible place to live in. But this does come with a cost.…

June 12, 2015 BananaIP Reporter Biological Diversity, Intellectual Property 0Comment 960Views 1Like

ShareFacebook

Featured image is of VIT campus, as content of the post is related to VIT

Is There a Trademark in a Name?

“What's in a name? that which we call a rose, by any other name, would smell as sweet.” William Shakespeare famously quoted these lines in his creation of the romantic tragedy, Romeo and Juliet. Enter 21st century and these famous lines could be debated to the ends of time. In today’s world, where there are fakes of fakes and more fakes than actual products, Shakespeare might have thought differently. Trademark Infringement and Passing off is something that we are all too familiar…

June 11, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 946Views 1Like

ShareFacebook

Image of a court hammer has been used as the featured image, as the post is about a judgement

Copyright Contract Case: Phoolan Devi

There are some situations where contracts and Copyright Law overlap. You may have licensed your work to somebody else, transferring the copyrights you own over it, but there are still cases where you can claim authorship rights after the transfer. In this post, I shall be analyzing 2 cases in the Media & Entertainment industry where Section 57 of the Copyright Act can have an effect on Contracts for licensing of any literary, dramatic, musical and artistic work. One of the…

June 8, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 1836Views 0Like

ShareFacebook

Patent Settlement – Blackberry v Typo

This post, Patent Settlement - Blackberry v. Typo, is authored by Anchita Sharma. After getting a preliminary injunction against the first key board of Typo Products, last year, Blackberry triumphed once again, in a settlement reached against Typo 2, in the US District Court for Northern California. Typo keyboards have been in troubled waters from the very outset. The company was a collaborative effort of Ryan Seacrest (of the American Idol fame) and entrepreneur Laurence Hallier. The first keyboard, Typo 1,…

June 4, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 866Views 0Like

ShareFacebook

Trademark Case Review: PEPS Industries v. Coir Foam

This article is a contribution by Savitran - Intern at BananaIP Counsels The Delhi High Court has ordered an interim injunction against Coirfoam India Pvt. Ltd. to desist it from using a mark identical or similar to ‘Spring Guard’, which is the trademark owned and registered by Peps Industries Pvt. Ltd. To briefly state the facts, the Plaintiff, Peps Industries Pvt. Ltd., is engaged in the business of manufacturing, marketing and selling sleep comfort products such as mattresses, pillows, cushions,…