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The featured image shows the face of a man with his eyes and mouth covered by the palms of another person. The post is regarding the row between producers of Udta Punjab and the CBFC. To know more, please click here.

Dust settles down in the Udta Punjab row

“Submitting to censorship is to enter the seductive world of ‘The Giver’: the world where there are no bad words and no bad deeds. But it is also the world where choice has been taken away and reality distorted. And that is the most dangerous world of all “ – Lois Lowry Indian film fraternity has now entered a new era where both realistic films as well as commercial films are equally appreciated by audiences. The success of Gangs of…

Sun Pharma’s big win against Cadila healthcare

Cadila Healthcare is not only a popular name in the pharma industry but also in trademark circle. The people in the trademark fraternity are well aware about the landmark judgment involving Cadila Healthcare, which established the criteria for trade mark passing off action. Last week, the Madras High Court passed an order, i.e. a permanent injunction against Cadila Healthcare, refraining the company from using any similar trademark, as that of "VENIZ " which belongs to Sun Pharmaceuticals. Sun Pharmaceuticals had adopted the…

BananaIP Reporter Intellectual Property, Trademarks June 15, 2016 915Views 0Like

The featured image shows a confused man holding a long roll of paper and the following words are written on the roll " What should i do?" The post is about the confusions present in the Patent amendment rules 2016. To know more, please click here.

Patent Amendment Rules 2016 – Courting Controversy and Confusion

The Patent Amendment Rules of 2016 came in as a much needed respite for many startups. It calls for appreciation of the government and the patent office for introducing several amendments to the Patent Rules which seek to enhance the efficiency of the IPR regime in India and more particularly of the Indian patent law. However, every change brings with it a short phase of chaos and confusion. The Patent Amendment Rules, 2016 brought into effect from the 16th of…

BananaIP Reporter Intellectual Property, Patents June 14, 2016 945Views 0Like

The featured image shows the word censored written in white letters on a grey background. The post relates to the recent row between producers of udta punjab and CBFC. To know more, please click here.

Freedom of expression and Censorship

The Central Board of Film Certification’s (CBFC) discomfort to allow filmmakers’ “freedom of expression” has been a subject of clash quite often, with the recent one involving the producers of the film Udta Punjab, a drug abuse themed film, who approached the Bombay High Court challenging the order of CBFC asking it to delete different items, words, references etc.The Court said that CBFC’s power is to only certify movies for public exhibition and not to censor them. The parties have…

BananaIP Reporter Intellectual Property, Media and Entertainment Law June 13, 2016 968Views 0Like

The featured image shows powdered turmeric in a steel bowl with a spoon inserted inside. This post deals with traditional knowledge associated with turmeric. To know more, please click here.

The Curious Case of Turmeric Latte

Turmeric Latte is experiencing a wide following and has attained a cult status in the market abroad. From Sydney to San Francisco, cafes and restaurants are adding turmeric latte to their menus and the rising popularity of the same is reflected in the gradual loss of sales of different coffee lattes.The Guardian analyzing the market demand has given Turmeric Latte a title - ‘2016’s drink of choice’. Google, too in its report of November 2015 to January 2016 has mentioned…

BananaIP Reporter Intellectual Property, Traditional Knowledge June 10, 2016 1844Views 0Like

The featured image shows the word software written in blue colour on a white background in italics. This post is regarding the patentablity of software. To know more, please click here.

Enfish, LLC v. Microsoft Corporation : A Victory For Software Patents

There is now a ray of hope for computer and software based patents. The case which is discussed below is the second one post Alice Corp. v. CLS Bank International case. In Enfish, LLC v. Microsoft Corporation, the U.S. Court of Appeals for the Federal Circuit reversed a California district court’s summary judgment that two software patents were directed to an “abstract idea” without “significantly more” and therefore were not eligible for patent. The facts of the case are stated below.…

BananaIP Reporter Intellectual Property, Patents June 9, 2016 1552Views 0Like

Sony’s use of Emoji: A possible legal dispute

Sony might have to settle a possible trademark as well as copyright dispute with Marco Husges, before it can release an animated film titled “The Emoji ”. Marco Husges, is a game developer and emoji creator who has previously worked on the MMO Shadowbane, Starbreeze Studio’s Enclave and had filed for commercial trademark of the word "emoji" back in 2013. He claims to have trademark merchandising rights over 3000 emojis. The rights over the emoji shouldn’t be confused…

BananaIP Reporter Copyrights, Intellectual Property, Trademarks June 8, 2016 771Views 0Like

ABS Entertainment, Inc. v. CBS Corporation, et al.

This article relates to an interesting summary judgment passed by the District Court of California in a suit brought for copyright infringement. The Plaintiffs, ABS Entertainment Inc., Barnaby Records, Inc., Brunswick Record Corporation, and Malaco Inc. (collectively addressed as “Plaintiffs”) brought a copyright infringement suit against CBS Corporation and CBS Radio Inc. (collectively addressed as “CBS” or “Defendants”) for publicly performing, through radio broadcasts or digital internet streams, the Plaintiffs’ pre-1972 sound recordings. It is necessary to state the…

BananaIP Reporter Copyrights, Intellectual Property June 6, 2016 783Views 0Like

The featured image shows mickey and minnie mouse standing together with the

Disney and Dalian Engage in Comic Wars

A conflict for the protection of intellectual property right arose recently in China when a Chinese based Infrastructure Company, Wanda Company diversified its business and entered in to a theme based park. It is interesting to note how the conflict arose in this case. The facts are as follows: on the inauguration of the theme park of Wanda Group on 28th May 2016, few people who were alleged to be workers of the park, were seen clad in Captain America,…

BananaIP Reporter Copyrights, Intellectual Property, Trademarks June 2, 2016 738Views 0Like

The featured image shows the top view of the cap of a coca cola bottle. The post is about the registration of "zero" as a trademark by Coca Cola. To know more, please click here.

‘Coca Cola’ Tastes the Feeling of ‘Zero’

After thirteen years of long battle, Coca-Cola Company has finally been granted registration for the trademark “zero’’ for its zero-calorie drinks, namely Coca-Cola Zero, Sprite Zero and Powerade Zero by the US trademark authorities. The company had been trying to register the trademark “zero” in US since 2003. However, Dr Pepper who sells a diet soda, called Diet Rite Pure Zero, challenged this effort by Coca-Cola in the year 2007 for registration of the word “zero”. Dr.Pepper argued that “zero”…

BananaIP Reporter Intellectual Property, Trademarks June 1, 2016 833Views 0Like

Celebrating 20 Years of IP Excellence

Dust settles down in the Udta Punjab row

Sun Pharma’s big win against Cadila healthcare

Patent Amendment Rules 2016 – Courting Controversy and Confusion

Freedom of expression and Censorship

The Curious Case of Turmeric Latte

Enfish, LLC v. Microsoft Corporation : A Victory For Software Patents

Sony’s use of Emoji: A possible legal dispute

ABS Entertainment, Inc. v. CBS Corporation, et al.

Disney and Dalian Engage in Comic Wars

‘Coca Cola’ Tastes the Feeling of ‘Zero’

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