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Intermediaries, Marketplaces and Take Down Actions

My colleague, Ashwini Arun, brought an interesting post on Spicy IP on SareGama's take down notice to my attention. The post talks about take down of one of its articles, and may be read at: https://spicyip.com/2019/02/saregama-pa-rdon-me-you-have-the-wrong-address-on-the-perils-and-pitfalls-of-notice-and-takedown.html. It is unfortunate that SareGama decided to include an article from Spicy IP, renowned for its well-researched articles and contributions to IP discourse, in its Take Down list. I am assuming that the inclusion of the link by SareGama was an inadvertent act of…

Dr. Kalyan C. Kankanala Copyrights, General, Intellectual Property, Privacy / Data Protection February 14, 2019 853Views 0Like

SAP Aktiengesellschaft & Anr (Plaintiff) Vs. Sadiq Pasha, Proprietor, M/s Neologik India

This post was first published on June 7, 2011. Pfizer Inc. filed a suit against Watson Laboratories, on June 1, 2011 in the United States District Court for the Southern District of New York seeking to prevent Watson from commercializing sildenafil citrate tablets prior to the expiration of Pfizer’s Viagra. Watson's sildenafil citrate tablets are a generic version of Pfizer Inc.'s Viagra, which is indicated for the treatment of erectile dysfunction (ED). Sildenafil citrate enhances the effect of nitric oxide,…

BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law February 14, 2019 1105Views 0Like

Matrubhumi Printing and Publishing Ltd v. IPRS

This post was first published on June 21, 2011. FAO. No. 82 of 2009, Kerala High Court, decided by Justice M.N. Krishnan FACTS The Petitioner no 1, Matrubhumi Printing and Publishing Ltd who operates a licensed Radio Station “Club FM 94.3” in parts of Kerala has a license from the Phonographic Performance Limited (PPL) to broadcast sound recordings. Indian Performing Rights Society (IPRS), the defendant, a society of composers, lyricists etc which grants licenses with respect to musical and literary works threatened…

BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law February 14, 2019 873Views 0Like

Sholay Media and Entertainment Pvt. Ltd. and Anr. v. Vodafone Essar Mobile Services Ltd. and Ors.

This post was first published on June 12, 2011. (Delhi High Court, 09.05.2011) FACTS: Plaintiff No. 1 i.e. Sholay Media and Entertainment Pvt. Ltd. acquired all rights in the film "Sholay" in the year 2000 and was exploiting these rights in various areas such as ringtones, caller tunes etc. Certain rights in the film were assigned to Polydor of India by an assignment deed of 1978. The rights assigned to Polydor of India were acquired by Defendant No. 3 i.e. M/s Universal…

BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law February 14, 2019 1333Views 0Like

Weekly Trademark News - BananaIP Counsels

Solid 21 Inc in Legal Battle, Kamala Harris Trademark, Bonjour Collaborates with Hush Puppies and Other News

Indian Trademark Statistics for February (Second Week), Kamala Harris Trademark, 3.85 Crores Awarded to Whatman in Damages, Solid 21 Inc in Legal Battle, Harmal Chilli GI and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK Every interaction in any form, is branding-Seth Godin INDIAN TRADEMARK STATISTICS In the last week, the Indian Trademark Office has had a slow week. The total number of applications published in the trademark journal has decreased by four…

BananaIP Reporter Intellectual Property, Trademarks February 13, 2019 863Views 0Like

Patent Suit over Viagra

This post was first published on June 7, 2011. Pfizer Inc. filed a suit against Watson Laboratories, on June 1, 2011 in the United States District Court for the Southern District of New York seeking to prevent Watson from commercializing sildenafil citrate tablets prior to the expiration of Pfizer’s Viagra. Watson's sildenafil citrate tablets are a generic version of Pfizer Inc.'s Viagra, which is indicated for the treatment of erectile dysfunction (ED). Sildenafil citrate enhances the effect of nitric oxide, which…

BananaIP Reporter Intellectual Property, Patents February 13, 2019 937Views 0Like

The image has a word art "TM" standing for trademark. The post is about the question if registration is prima facie validity of trademark. Click on image to view post.

Trademark Registration: Prima Facie Evidence of Validity?

This post was first published on June 3, 2011. In a recent case, the Delhi High Court has categorically ruled that registration of a trademark is not prima facie evidence of its validity and thereby has created a slippery slope for most registrants of descriptive and less distinctive marks. The case related to use of the word mark ‘KRISHNA’ in relation to milk and milk products. The Plaintiff, by virtue of prior usership and prior registration claimed a permanent injunction against the…

BananaIP Reporter Intellectual Property, Trademarks February 13, 2019 1727Views 0Like

Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011

This post was first published on May 25, 2011. This new act, known as the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property 2011, popularly known as PROTECT IP ACT, 2011, is an act which is going to succeed the previously existing act on internet censorship. The previously existing act is the “Combating Online Infringements and Counterfeits Act”, popularly known as the COICA. The main of this act was to prevent copyright infringement on the internet. However,…

BananaIP Reporter Intellectual Property, Trademarks February 13, 2019 845Views 0Like

Extracting IP Value

This post was first published on May 10, 2011. Intellectual Property (IP) plays a very important role in providing competitive and business advantage to a company. In order to maximize competitive advantage, a company must make the best and most of its intellectual assets. Extracting optimal value from IP does not start or end with protection. During a recent talk at a gathering of about fifty leading Indian companies, ninety percent of them stated that emphasis is always on protection and…

BananaIP Reporter Intellectual Property, IP Commercialization/Licensing, IP Valuation February 12, 2019 969Views 0Like

Salient Features of the Indian Bayh Dole Act

This post was first published on April 26, 2011. To keep up with the global competition it is necessary to promote creativity and harness innovation at the domestic level. Over the years the government has been funding a number of academic and research institutions for the purposes of research and development but most of such funding fail to yield any revenue to the research institution or the government due to lack of interest towards protecting and utilising the resultant intellectual property.…

BananaIP Reporter Intellectual Property February 12, 2019 1598Views 0Like

Celebrating 20 Years of IP Excellence

Intermediaries, Marketplaces and Take Down Actions

SAP Aktiengesellschaft & Anr (Plaintiff) Vs. Sadiq Pasha, Proprietor, M/s Neologik India

Matrubhumi Printing and Publishing Ltd v. IPRS

Sholay Media and Entertainment Pvt. Ltd. and Anr. v. Vodafone Essar Mobile Services Ltd. and Ors.

Solid 21 Inc in Legal Battle, Kamala Harris Trademark, Bonjour Collaborates with Hush Puppies and Other News

Patent Suit over Viagra

Trademark Registration: Prima Facie Evidence of Validity?

Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011

Extracting IP Value

Salient Features of the Indian Bayh Dole Act

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