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CASE BRIEF : Osram GmbH & Anr. Vs. Tejmeet Singh Sethi & Anr.

Facts Plaintiffs, M/s Osram GmbH and Osram Lighting Private Limited [“OLPL”] filed a suit against Mr. Tejmeet Singh Sethi and Mr. Hartej Singh Sethi (Defendants) claiming their rights in the registered Trademark “OSRAM”. This mark was adopted by OLPL internationally in 1906 and later registered in India in 1945 by General Electric Company Limited. Plaintiffs were engaged in manufacturing a range of products comprising Lumilux Plus Fluorescent Lamps, CFL lamps and other related products. Plaintiffs found that Defendants, who were…

BananaIP Reporter Intellectual Property, Trademarks August 25, 2022 1174Views 0Like

CASE BRIEF : Parvesh Kamboj & Ors. vs The Controller General of Patents, Designs and Trade Marks

Facts The Delhi High Court (the Court) merged four Writ petitions filed under Article 226/227 of the Constitution of India. The Petitioners had been restricted from exercising their right u/s 21 of Trademarks Act, 1999, to file an opposition against various trademark applications within 4 months of them being accepted and advertised. The Petitioners wanted to file an opposition for a trademark in view of the extension of limitation granted by the Supreme Court in 2020 in view of…

BananaIP Reporter Intellectual Property, Trademarks August 24, 2022 1046Views 0Like

Latest Trademark Cases in 2022 – Part 6

This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: Shyam Sel and Power Limited Vs. Shyam Steel Industries Limited The Plaintiff, Shyam Sel and Power Limited filed a suit against the Defendant, Shyam Steel Industries Limited for the infringement of its Trademark and passing off, as the Defendant was using the plaintiff’s registered trademark ‘SHYAM’ on its invoices. Both the parties were involved in manufacturing and selling Thermo-mechanically treated bars, leading to…

BananaIP Reporter Intellectual Property, Trademarks August 24, 2022 2033Views 0Like

CASE BRIEF : Phonographic Performance Ltd. vs. Union of India & Ors.

Facts: The Petitioner, Phonographic Performance Ltd., a company registered under the Companies Act, 1956, was a registered copyright society. It had assigned the copyright in various sound recordings for communication to the public in the area of public performance and broadcast, through which it owned/controlled the public performance rights of more than 350 music companies with 3 million international and domestic sound recordings. It provided a single window for various parties seeking a license for authorised use of sound recordings.…

BananaIP Reporter Copyrights, Intellectual Property August 23, 2022 1933Views 0Like

Divisional Applications cannot exceed scope of Parent Application: Delhi High Court

Boehringer Ingelheim International GMBH vs The Controller Of Patents & Anr. on 12 July, 2022 Delhi High Court Facts / Background The Applicant, Boehringer Ingelheim International GMBH, had filed a National Phase PCT Application on 14th November, 2008, for 'Use of IV Inhibitors'. The patent specification had Claims numbered 1 - 18, with two claims numbered as 15, which were referred to as 15 and 15A. The First Examination Report ("FER") was issued on 24th March, 2014, in response to…

BananaIP Reporter Intellectual Property, Patents August 23, 2022 1310Views 0Like

Featured image accompanying weekly blog post on copyright and entertainment

Weekly News Update: Copyright and Entertainment Law

This is a weekly post on copyright and entertainment laws. FIR filed against creators of ‘Laal Singh Chaddha’ In light of the various controversies surrounding Paramount Pictures’ latest release, ‘Lala Singh Chaddha’, the creators of the film, as well as some of the leading actors, have recently become the subject of a First Information Report filed before the Commissioner of Delhi Police. The FIR alleges that the film contains certain scenes, dialogues, and plot lines, which are violative of Sections…

BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law August 19, 2022 934Views 0Like

Weekly Trademark Updates

This week’s trademark updates are as follows: A piracy of 'Torts' In the matter of Allahabad Law Agency v. Amazon Retail India Pvt. Ltd. & Ors., the plaintiff sought for permanent injunction against several sellers on the defendant's platform who have been found selling pirated versions of the book- 'Law of Torts' by Dr. RK Bangia. A Delhi Court, understanding the gravity of the situation, has passed an ex-parte ad-interim injunction restraining the defendants and several others from either…

BananaIP Reporter Geographical Indications (GI), Intellectual Property, Trademarks August 19, 2022 893Views 0Like

Weekly Anti-trust and Privacy Updates

This week’s anti-trust and privacy updates are as follows: Federal Court of Australia finds Google Inc. in Breach of Local Consumer Laws The Federal Court of Australia, in 2021, had found Google in partial breach of local consumer laws. Google was found to be misleading users about collection of personal data such as location via Android mobile devices. Google conceding to the charges has agreed to pay a $60 million fine to the Australian Competition and Consumer Commission. Disney Settles Anti-trust Suit…

BananaIP Reporter Intellectual Property, IP and Antitrust/Competition, Privacy / Data Protection August 18, 2022 828Views 0Like

Indian IP Office invites entries for National IP Awards, 2021 and 2022

On 2nd August, 2022, the Indian IP Office has opened up submissions for the NATIONAL INTELLECTUAL PROPERTY AWARDS 2021 & 2022. As stated in the announcement the objective of these awards is: “Objective: National Intellectual Property (IP) Awards are conferred every year to recognize and reward the top achievers comprising individuals, institutions, organizations and enterprises, for their IP creations and commercialization, which have contributed towards strengthening IP eco-system in the country and in encouraging creativity and innovation. National IP Awards…

BananaIP Reporter Biological Diversity, Copyrights, General, Geographical Indications (GI), Industrial Designs, Intellectual Property, IP Valuation, Patents, Plant Varieties, Trade Secrets, Trademarks August 18, 2022 1310Views 1Like

Indian IP Cases Report, 2021

BananaIP is happy to launch the IP Cases Report for the year 2021. This report covers cases related to intellectual property decided by Courts in India, in the form of case notes. These case notes cover important decisions on critical questions of law and fact with respect to various species of intellectual property. You may download a copy of the report here. [Download PowerPoint Version] [Download PDF Version] Structure of the Report The Report is structured based on the primary…

BananaIP Reporter Copyrights, General, Industrial Designs, Intellectual Property, Patents, Trademarks August 17, 2022 1853Views 0Like

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