This post was first published on 7th July, 2014.
In continuation to my previous post, this post is with regard to trademark search and classification of different classes.
A trademark search is required to be conducted prior to filing for registration of the mark. The purpose of conducting a trademark search is twofold:
To understand and analyze the registrability of a trademark: The results yielded by a trademark search are used to understand the probability of registration of a particular…
This post was first published on 7th July, 2014.
Spillover reputation of trademarks is a subject matter of endless legal tussles. Indian Courts and Tribunals frequently deal with cases related to foreign entities challenging honest and bona fide use of a similar mark by Indian entities even in situations where such foreign entities are not using their marks in India. In this post, we will discuss the concept of Transborder reputation.
To claim Transborder reputation for a mark in India, the mark…
This post was first published on 27th September, 2011.
USPTO has granted a patent for building snowmen/women just before the arrival of winter. As most of the people across the world stand at the dawn of winter arrival, waiting for snowfall, Ignacio Marc Asperas has already received his early Christmas gift.
Ignacio received a patent (US8011991B2) on 06 Sep 2011 for his invention titled “Apparatus for facilitating the construction of a snow man/woman” which was filed back in 2006. The…
This post was first published on 17th May, 2014.
"No", says a federal judge in California, dismissing Hollywood's star director, Quentin Tarantino’s claim against Gawker Media, LLC. Gawker, a magazine on a lookout for juicy news in the entertainment biz, reported the leak of Tarantino's unpublished work by providing a direct link to the copyright protected "leaked script" for the film, "The Hateful Eight".
Tarantino, a multiple Oscar winning/nominated writer-director, discovered that his copyright protected script was leaked. Gawker, on its website, reported the leaked Tarantino’s…
This post was first published on 16th July, 2014.
This piece of writing tries to convey an important requirement under the Indian Patent law for an applicant residing in India who wishes to file patent applications outside India, directly.
Any inventor or applicant is free to seek protection anywhere in the world. At times priority is given to a foreign country over India when there is less or no market potential to the invention in India or when the invention falls within…
Telugu Remake of Band Baaja Baaraat Restricted from Being Released in Any Format; India Inc. Loses 12.8 Cr. to Data Breach; YouTube Improves its Manual Copyright Claims System; New Zealand Contemplates Amendments in its Copyright Law; The Copyright Alternative in Small-Claims Enforcement Act (CASE) to be Passed in the US; Plex-The New Custom Streaming Service; Netflix Launches a New Mobile Plan in India; Google Launches its Shopping Platform in the US; Alibaba Supports SME’s in the US to Connect Globally;…
This post was first published on 6th August, 2014.
A total of more than 420 million Euros was imposed recently as fine by the European Competition Commission on five major Pharma companies for entering into ‘Pay-for-delay’ agreements with Generic companies. These fines and related measures were imposed to restrict the drug majors from entering into these non-competitive kind of deals to maximize their commercial gains. Of the five, the drug maker, Servier has been fined 331 million Euros for the anti-hypertensive…
This post was first published on June 12, 2012.
IP profession is fun and enjoyable for many reasons. However, there are some reasons that sometimes bog you down.
a. Scary Deadlines
Scary deadlines are first in that list. Every IP action is linked with a deadline and more often than not missing these deadlines is fatal. For people, who believe in Indian Stretchable Timings, these deadlines can be killing and nerve wracking.
b. Dealing with…
This post was first published on 26th June, 2014.
This post is in continuation of my earlier post regarding the meaning and principles behind copyright assignments in India. In this post, we will be specifically addressing the factors that should be taken into account while preparing an Assignment Deed and License Agreement.
Section 19 of the Copyright Act, 1957 as amended in 2012, lists certain exhaustive factors that should be taken into consideration by the parties involved, while preparing an Assignment…
This post was first published on 19th December, 2014.
It’s a musical world. From the pitter patter of raindrops to pulsating headaches, there is music everywhere. In many languages, voice modulation and tone become part of communication. Ever wondered if a method of creating music could be patented?
Well, that’s exactly what Wacky Patent 4, Mode enhanced Hindustani Music is about. US Patent Application No. 10/082,777 filed in February, 2002 by two inventors of Indian Origin, Prabhakar Prahlad Jamkhedkar and Prashant Prabhakar Jamkhedkar, was granted…