First Publication Date: 4th September 2008
CASE FACTS:
Ranbaxy Laboratories, a well-known pharmaceutical company, manufactured the CNS depressant Diazapem in 5 mg tablets and sold them under the trade name of CALMPOSE. The trade mark of CALMPOSE was registered in 1970 and has been in use since then. The company made about 40 crores selling the drug under this trade name. The medicine was packaged with aluminum foil on one side and polythene film on the other in colors…
First Publication Date: 30th August 2008
Case History
Rotec is an assignee of the 291 patent and sells a system disclosed by the that patent under the name power belt.
On AUGUST 9, 1995 the People's Republic of China solicited bid proposals for five units of a concrete placing system to be used in the Three Gorges Dam project on the Yangtze river. Mitsubishi corp and Mitsubishi International collectively called ME, a French corp. Potain, Johnson who was working on a design of…
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First Publication Date: 30th August 2008
Case Facts
A mechanical device was patented and a first reissue was filed within four months of the patent on April 9, 1872. The reissue was granted. Then after four years The second reissue was filed a little more than a month after the first was granted. In this reissue the specification was largely refrained, drawings changed in form not in substance and the claim was changed by adding a necessary phrase.
Issue
Whether a second…
First Publication Date: 28th August 2008.
CASE FACTS
Yahoo Incorporation is the owner of the well known trade mark, Yahoo and of the domain name Yahoo.com; both the trademark and the domain name acquired a distinctive name, good will and reputation. Yahoo.com had been registered by Yahoo Inc with Network Solution Inc since 1995 and offers a whole range of web based services. The trade mark Yahoo had been registered or was close to being registered in 69 countries. Yahoo Inc…
Tata Sky Drops Sony Channels Over Pricing Issues, Emraan Hashmi Adds Sexual Harassment Clause to Contracts, Calcutta High Court Orders Vodafone to Deposit 2.5 Crores in IPRS Copyright Suit, Calcutta High Court Orders Vodafone to Deposit 2.5 Crores in IPRS Copyright Suit, Commerce Ministry Approves Establishment of IPR Chairs in 12 Universities Including NLUs and IITs, Copyright Office Allows Hearing Through Video Conferencing, Facebook News Feed Demotes Sites with Stolen Content, American Airlines Sues US Copyright Office for Refusing Registration,…
First Publication Date: 24th July 2008
Case Facts
Inamed Corporation was a licensee of Dr. Kuzmak as Dr. Kuzmak had four patents covering devices and methods for surgical treatment of obesity. The patent in question was directed to a method for performing gastric banding surgery using a calibration tube and electronic sensor apparatus. In 1998, Inamed tried to re negotiate the terms of the license and when the renegotiation failed Inamed terminated the contract on December 6, 1998. Dr Kuzmak sent a…
First Publication Date: 24th July 2008
CASE FACTS:
Gramophone Company of India Limited is the owner of copyright in the recordings of performing artists to whom it pays royalties. The company learnt of the arrival of a consignment of pirated copies of these recordings at Calcutta. The same were being transported from Singapore to Nepal through India. Action was initiated against the consignee for violation of Gramophone India’s copyright.
CASE HISTORY:
Gramophone India sought action from the Registrar of Copyrights to curb the circulation/import…
First Publication date: 26th July 2008
Issue
Does the earlier experiment by Gulf Corp. invalidate the patents of Rosaire as the inventions were known or used?
Holding
Yes, as the earlier experiments constituted prior knowledge and use according to Sec 102 (a), they invalidated the patents.
Rule
102 (a)
Facts
Rosaire and Horvitz patents relate to the methods of prospecting for oil or other hydrocarbons. The methods claimed involve the steps of taking a number of samples of…
Indian Trademark Statistics for October (Third Week) 2018, Timex Group to Launch Ted Baker Watches, Dunhill Scores for Fashion, Malawi Joins Madrid Protocol, Seeraga Samba Rice Applied for GI, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“The purpose of your brand is to represent your purpose"– Michael Kauly
INDIAN TRADEMARK STATISTICS
In the last week, the Indian Trademark Office have had a slow week. The total number of the applications disposed through…