Intellectual Property Archives

Accessibility is Mandatory for Businesses says CCPD

In a recent recommendation, the Chief Commissioner for Persons with Disabilities (CCPD) stated that private establishments such as businesses, societies, associations, and so on are bound by the accessibility requirements under the Rights of Persons with Disabilities Act, 2016 (the "RPwD Act"). It concluded in a case filed by Mr. Rahul Bajaj, an upcoming IP attorney, against Practo Technologies Private Limited ("Practo") and the Director General of Health Services ("DGHS"). In the case, Mr. Bajaj argued that the Practo application,…

August 28, 2022 BananaIP Reporter Accessibility, Case Study, General, Intellectual Property 0Comment 1727Views 1Like

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Image accompanying post on copyright and entertainment law updates

Weekly News Update: Copyright and Entertainment Law

This is a weekly post on copyright and entertainment law updates. Shamshera’s OTT release impeded buy Delhi HC Ranbir Kapoor’s recent film Shamsher, which was theatrically released in July 2022, has received an unfavourable order from the Delhi High Court, whereby the producer, Yash Raj Films, has been instructed to deposit an amount of Rs. 1 Crore with the High Court prior to releasing the film on OTT platforms. The present suit was instituted by an individual, Bikramjeet Singh Bhullar, who…

August 26, 2022 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 964Views 0Like

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Weekly Anti-Trust and Privacy Updates

This week's Anti-trust and Privacy Updates are as follows: Karnataka High Court dismisses Intel’s Petition Challenging CCI’s Investigation Karnataka High Court, dismissing Intel’s challenge to CCI’s probe, imposed costs of Rs. 10L. In August 2019 CCI, investigating alleged abuse of dominant position by Matrix Info Systems, against Intel Corporation’s new warranty policy in India, found Intel in violation. Intel revising the warranty policy in India in 2019, provided warranty for boxed micro-processors only when bought from authorised sellers or distributors within…

August 26, 2022 BananaIP Reporter Intellectual Property, IP and Antitrust/Competition, Privacy / Data Protection 0Comment 681Views 0Like

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Weekly Trademark Updates

This week’s trademark updates are as follows: House of Zana wins trademark dispute against Zara International fashion giant, Zara, recently objected to the registration of the trademark ‘House of Zana’ by a Darlington-based fashion boutique House of Zana in the UK, claiming that the mark is identical and is likely to cause confusion amongst the average consumers. The Hearing Officer, Matthew William, opined that, although Zara is a common word, the word “House of” has a distinctive nature and…

August 26, 2022 BananaIP Reporter Geographical Indications (GI), Intellectual Property, Trademarks 0Comment 793Views 0Like

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CASE BRIEF : Mody Pumps Inc. & Ors. v. Sovereign Pumping Solutions Pvt. Ltd. & Ors.

Facts Plaintiff No. 2 was a wholly owned Indian subsidiary of Plaintiff No. 1, a water pump manufacturing company incorporated in USA. Defendant No. 1 was also a water pump manufacturing company registered under the Companies Act, 2013 and Defendants Nos. 2, 3 and 4 were former employees of Plaintiff No. 2. The Plaintiffs had received engineering drawings via e-mail from the Defendant company, requesting for a reasonable quote for development of investment cast dies. The drawings in the mail were…

August 25, 2022 BananaIP Reporter Copyrights, Industrial Designs, Intellectual Property 0Comment 1343Views 0Like

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CASE BRIEF : Osram GmbH & Anr. Vs. Tejmeet Singh Sethi & Anr.

Facts Plaintiffs, M/s Osram GmbH and Osram Lighting Private Limited [“OLPL”] filed a suit against Mr. Tejmeet Singh Sethi and Mr. Hartej Singh Sethi (Defendants) claiming their rights in the registered Trademark “OSRAM”. This mark was adopted by OLPL internationally in 1906 and later registered in India in 1945 by General Electric Company Limited. Plaintiffs were engaged in manufacturing a range of products comprising Lumilux Plus Fluorescent Lamps, CFL lamps and other related products. Plaintiffs found that Defendants, who were…

August 25, 2022 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1200Views 0Like

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CASE BRIEF : Parvesh Kamboj & Ors. vs The Controller General of Patents, Designs and Trade Marks

Facts The Delhi High Court (the Court) merged four Writ petitions filed under Article 226/227 of the Constitution of India. The Petitioners had been restricted from exercising their right u/s 21 of Trademarks Act, 1999, to file an opposition against various trademark applications within 4 months of them being accepted and advertised. The Petitioners wanted to file an opposition for a trademark in view of the extension of limitation granted by the Supreme Court in 2020 in view of…

August 24, 2022 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1071Views 0Like

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Latest Trademark Cases in 2022 – Part 6

This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: Shyam Sel and Power Limited Vs. Shyam Steel Industries Limited The Plaintiff, Shyam Sel and Power Limited filed a suit against the Defendant, Shyam Steel Industries Limited for the infringement of its Trademark and passing off, as the Defendant was using the plaintiff’s registered trademark ‘SHYAM’ on its invoices. Both the parties were involved in manufacturing and selling Thermo-mechanically treated bars, leading to…

August 24, 2022 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2056Views 0Like

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CASE BRIEF : Phonographic Performance Ltd. vs. Union of India & Ors.

Facts: The Petitioner, Phonographic Performance Ltd., a company registered under the Companies Act, 1956, was a registered copyright society. It had assigned the copyright in various sound recordings for communication to the public in the area of public performance and broadcast, through which it owned/controlled the public performance rights of more than 350 music companies with 3 million international and domestic sound recordings. It provided a single window for various parties seeking a license for authorised use of sound recordings.…

August 23, 2022 BananaIP Reporter Copyrights, Intellectual Property 0Comment 1991Views 0Like

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Divisional Applications cannot exceed scope of Parent Application: Delhi High Court

Boehringer Ingelheim International GMBH vs The Controller Of Patents & Anr. on 12 July, 2022 Delhi High Court Facts / Background The Applicant, Boehringer Ingelheim International GMBH, had filed a National Phase PCT Application on 14th November, 2008, for 'Use of IV Inhibitors'. The patent specification had Claims numbered 1 - 18, with two claims numbered as 15, which were referred to as 15 and 15A. The First Examination Report ("FER") was issued on 24th March, 2014, in response to…

August 23, 2022 BananaIP Reporter Intellectual Property, Patents 0Comment 1346Views 0Like

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Celebrating 20 Years of IP Excellence

Accessibility is Mandatory for Businesses says CCPD

Weekly News Update: Copyright and Entertainment Law

Weekly Anti-Trust and Privacy Updates

Weekly Trademark Updates

CASE BRIEF : Mody Pumps Inc. & Ors. v. Sovereign Pumping Solutions Pvt. Ltd. & Ors.

CASE BRIEF : Osram GmbH & Anr. Vs. Tejmeet Singh Sethi & Anr.

CASE BRIEF : Parvesh Kamboj & Ors. vs The Controller General of Patents, Designs and Trade Marks

Latest Trademark Cases in 2022 – Part 6

CASE BRIEF : Phonographic Performance Ltd. vs. Union of India & Ors.

Divisional Applications cannot exceed scope of Parent Application: Delhi High Court

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