Trade secrets have been in practice since long and are very different from patents. While patents require you to disclose your information in the application process that eventually becomes public, trade secrets allow you to actively keep the information secret.
The protection from patents is limited (20 years) and demands a considerable budget to maintain the patent. However, after 20 years the invention is open to public use. Trade secret protection can potentially last longer, as long as you are able…
Social Media comes with a bundle of tools that differentiate it from traditional print and electronic media. Among others, two unique elements of Social Media are: Tools for sharing and dissemination of content and information across the world; and tools to communicate and exchange information. These two elements make Social Media a much more powerful weapon than traditional media.
Access to most social media platforms requires internet, of which there is no dearth in today's context. It is estimated that…
Diwali - the festival of lights, is one of the most brightest and sacred festivals in India. The festival transcends religion, especially when it comes to crackers and lamps! This day symbolizes the victory of spiritual goodness over darkness. There are many theories associated with Diwali such as the rising of Goddess Lakshmi from the sea, the happy return of Lord Rama to Ayodhya after 14 years of exile, killing of Narkasura by Lord Vishnu, birth of Goddess Kali and…
This post highlights the different aspects of design registration process, by discussing various landmark judgements in the automobile industry.
In, the case, Honda Giken Kogyo Kabushiki Kaisha v Allied Pacific Motor (M) Sdn Bhd & Anor [2005] 3 MLJ 30, Honda Motor Company which is based in Japan and is one of the largest two-wheeler producing companies in world, filed for an interim injunction in 2005 for design infringement of their motorcycle- HONDA WAVE 125 model.
The company…
BlackBerry Vs Typo Products
BlackBerry Ltd. on 3rd January, 2014, filed a case against Typo Products LLC, in the California Northern District Court, for design infringement of their famous QWERTY keyboard.
The subject matter of the case alleged by BlackBerry is based on the design of a keyboard that can be snap-fitted on to an iPhone, so as to make it look like the BlackBerry keyboard. The design was claimed to be an infringement of U.S. Design Patent No. D685,775…
Industrial design refers to shape, configuration, pattern or ornamentation applied or applicable to an article. While the protection is sought to the aesthetic look of a particular product, it does not extend to any technical feature or functionality. Industrial Design protection is a type of intellectual property right that gives the exclusive right to make, sell, and use articles that embody the protected design, to the right holder. In order to get the statutory protection of Industrial Design, the Design…
There are celebrities, and then there are icons. And one name that probably tops the list of icons is Marilyn Monroe. The blonde actress never ceased to be out of the headlines when she was alive, and even when she is no more, her estate is fighting tooth and nail to keep her memory alive. However, the route taken to do so is not particularly agreeable, to say the least.
Monroe’s estate has been fiercely litigious and has gained notoriety…
“We don’t make movies to make money; we make money to make more movies.” - Walt Disney
Movie Producers or Movie Production houses are often referred to as money making machines, but where there are riches; there are also a multitude of woes. In this post, we speak about some of the legal challenges that movie producers often face. Keeping in mind that it is always easier to list the problems than to find the solutions to them, we have jotted…
Production of a Cinematographic film demands a lot of time and resources. Since, all of the financial resources are invested by the Producer, copyright law has recognized the Producer as the author of the cinematographic film, even though a cinematographic film is an amalgamation of several works that are entitled for independent copyright protection. The fact that a cinematographic film is created by the combination of several independently copyrightable works, makes it all the more important for a Producer to…
‘Plagiarism’ is not a foreign word to the entertainment industry. It is not uncommon in Bollywood to dress ‘plagiarism’ as ‘inspiration’. Studies show that nearly eight out of every ten Bollywood movies produced is “inspired” by one or more Hollywood films. Bollywood has time and again faced criticism for its “blatant copying” of Hollywood storylines and for having taken undue advantage of the unfamiliarity of the Indian audiences with respect to international films. Although very few western studios attempted to…