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Featured image of peps Spine guard mattress is used, as the post is about a trademark issue related to this. To read the post click here.

Trademark Case Review: PEPS Industries v. Coir Foam

This article is a contribution by Savitran - Intern at BananaIP Counsels The Delhi High Court has ordered an interim injunction against Coirfoam India Pvt. Ltd. to desist it from using a mark identical or similar to ‘Spring Guard’, which is the trademark owned and registered by Peps Industries Pvt. Ltd. To briefly state the facts, the Plaintiff, Peps Industries Pvt. Ltd., is engaged in the business of manufacturing, marketing and selling sleep comfort products such as mattresses, pillows, cushions,…

BananaIP Reporter Intellectual Property, Trademarks May 27, 2015 915Views 1Like

A custom made image which reads "Indian National IP Policy", which is the subject of the article. To read please click here.

Indian National IP Policy Update

It has been reported in the Business Standard on May 26, 2015, that the final version of the National IP Policy is expected to be delayed. The delay is due to pending comments and inputs from 3 important ministries: Ministry of Finance, Ministry of Health and Family Welfare, and Ministry of External Affairs. No inputs have yet been given by Departments of Pharmaceuticals and Commerce. The delay is not surprising, and is probably good for India. The first draft of the…

BananaIP Reporter Intellectual Property May 27, 2015 697Views 0Like

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Fighting Pirates – Copyright v. Privacy

The conflict between copyright enforcement and privacy has been one of the stumbling blocks in fighting online piracy. While proof of direct infringement by internet users is an essential element for action against online pirates, privacy of user data is an essential mandate to live and transact on the world wide web. Owing to privacy responsibilities of Internet Service Providers (ISPs), copyright holders find it very difficult, or impossible, to acquire details of internet users involved in downloading, uploading and…

BananaIP Reporter Copyrights, Intellectual Property May 21, 2015 643Views 0Like

Rise of the Drones (Unmanned Aerial Vehicles)

Robotics has changed the way we work! A function, which was once done manually, has been replaced with robots working every inch of it. This reduces human error and losses of any form. On the same note, drones (Unmanned Aerial Vehicles) are a boon to mankind. Drones have been used by many national organizations to gather such information that is outside the domain of a human being. But nowhere have drones been used to deliver products to customers in and around a specific area. Yes,…

BananaIP Reporter Intellectual Property, Patents May 21, 2015 606Views 0Like

The Chocolate Wars – Wrangle between Nestle & Cadbury on KitKat Shape TM

In this reigning retail world, even minor details of products that may bring major changes in the market, matter. In this current scenario every company wants to protect its identity through trade mark registrations. The whole story started in the year 2010 when Nestle applied to register trademark for its four-fingered chocolate - KitKat. Cadbury clashed with nestle in filing the trade mark for the KitKat shape. UK Registry of trade mark turned down the application by Nestle after hearing opposition…

BananaIP Reporter Intellectual Property, Trademarks May 21, 2015 855Views 1Like

This image depicts a slide on section 3(d) of the Indian Patents Act. This image is relevant because this post talks about a presentation on section 3(d) by Dr. Kalyan C. Kankanala. Click on the image to view full post.

Intellectual Property: Section 3(d) and its Application – Are we stretching it too far?

This presentation by Dr. Kalyan Kankanala in a program organized by MILAT provides an insight into the application of Section 3(d) after the Novartis case. After a quick historical perspective and philosophical background to Section 3(d), Kalyan talks about the parameters for assessing Section 3(d) exclusions. Focussing on the new form exclusion, he points out issues in the efficacy approach followed by the Supreme Court using a salt form of morphine and a genetic invention as examples. Kalyan also brings…

BananaIP Reporter Intellectual Property May 13, 2015 633Views 0Like

Phonetic Justice for Trademark

This article was contributed by Swastika Chakravarti. How important are phonetics in trademarks, you ask? The General Court of the European Union has an answer for you. In deciding a matter between Pay TV giant, Sky and Microsoft (owners of Skype), the Court relied on the similarity of signs in terms of concept and phonetics to deny Microsoft a trademark for Skype in Europe. Holding that the pronunciation of ‘y’ in Skype is no shorter than in Sky, the Court…

BananaIP Reporter Intellectual Property, Trademarks May 8, 2015 1345Views 1Like

The Picture depicts the Grave of Nellie Bly in Woodlawn Cemetery in Bronx, New York. This image is relevant as the post is all about Nellie Bly, Inventor of Steel Barrel. Click on the image for full description.

Nellie Bly – Inventor of the Steel Barrel

American journalist, Elizabeth Cochrane, better known by her pen name Nellie Bly had her 151st birthday on May 5th, 2015 in celebration of which, Google released a harmonious doodle. Nellie Bly was often looked at as an iconic character who encouraged women to become journalists. It is rumoured that her ground-breaking spirit became more pronounced after the death of her father when she was only 6 years old. Nellie Bly was only 18 when she so overwhelmed a newspaper editor…

BananaIP Reporter Intellectual Property, Patents May 7, 2015 1525Views 0Like

This image depicts Steinway Grand Piano Iron Plates and Strings. This image is relevant as the post is about the Birthday of the Inventor of Piano. Click on the image for full description.

Happy Birthday Inventor of Piano

Today’s Google doodle celebrates the 360th birthday of Bartolomeo Cristofori di Francesco, who was credited with inventing the modern piano. Bartolomeo Cristofori was born on May 4, 1655 in Padua, Republic of Venice in Northern Italy. At the age of 33, he was employed by Ferdinando de' Medici, Grand Prince of Tuscany. He was hired not only to be a musical instrument technician, but also possibly as a musical instrument inventor. Cristofori was an expert harpsichord (as piano was known…

BananaIP Reporter Intellectual Property, Patents May 4, 2015 853Views 0Like

USTR SPECIAL 301 REPORT (2015) – on Priority Watch List

USTR has released the 2015 report on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property rights. Seventy Two (72) countries were reviewed in this report, and Twenty Four (24) countries have been placed on the Watch List, and Thirteen (13) on the Priority Watch List. Countries in the watch list include Canada, Columbia, Brazil, etc. India, China, Russia, Indonesia, etc., have been placed on the Priority Watch List. Last year, USTR had conducted out of…

BananaIP Reporter Intellectual Property May 2, 2015 982Views 0Like

Celebrating 20 Years of IP Excellence