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Weekly Updates: Copyright and Entertainment Law

This is a weekly update on Copyright and Entertainment Law. Delhi High Court vacates stay order against Hindi dub of Telugu Film The Delhi High Court has recently vacated its earlier order whereby it restrained the production company, M/s Sithara Entertainment, from releasing the Hindi-dubbed version of the Telugu film ‘Bheema Nayak’, which was itself a remake of a Malayalam film “Aayappanum Koshiyum”. The case was initiated against the producers of the Telugu remake, by JA Entertainment, a production company which…

BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law July 15, 2022 1310Views 0Like

High Court permits delayed trademark evidence because of E-portal upload issues

Mr. Manish Agarwal vs. The Registrar of Trademarks and Ors. Facts Mr. Manish Agarwal, the Applicant, filed four trademark applications for the mark “SATYA GROUP” on 11th March, 2013. The said marks were advertised in the Trademark Journal dated 21st May, 2018, and an Opposition was filed against the said marks by the Opponent, M/s APJ Satya Knowledge LLP. The Applicant filed his counter statement on 19th January 2019, however the Opponent claimed that it was served to him on…

BananaIP Reporter Intellectual Property, Trademarks July 13, 2022 4655Views 0Like

Weekly Trademark Updates

This week’s trademark updates are as follows: HT Media Ltd. provided relief from Delhi High Court Delhi High Court has granted ex-parte ad interim injunction in favour of HT Media Limited (the news publication house) which has a registered Trademark - Hindustan Times. The order was passed against the rogue website for using a deceptively similar domain name and abstained the website from using www.hindustantimes.tech and also restrained the website from publishing any articles, columns, reviews that can violate the copyrights…

BananaIP Reporter Geographical Indications (GI), Intellectual Property, Trademarks July 13, 2022 928Views 0Like

CASE BRIEF : European Commission vs. Union of India

Facts The Petitioner, the European Union filed two writ petitions seeking two of the orders passed by the Controller General of Patents to be set aside. The orders stated that two patent applications shall be treated as “deemed to be abandoned” under Section 21(1) of the Patent Act, 1970 (“Act”). The Petitioner, initially engaged a European law firm who then engaged a patent agent in India to prosecute their Indian Applications. Later in June, 2017 it engaged another European Firm…

BananaIP Reporter Intellectual Property, Patents July 13, 2022 1881Views 0Like

High Court remands Patent Office’s Legally Infirm and Unreasoned Order

In a recent case decided by the Delhi High Court in Best Agrolife Limited vs. Deputy Controller of Patents and Anr., the Court remanded an order of patent grant by the Patent Office for a fresh consideration because the order was legally infirm and unreasoned, resulting in violation of principles of natural justice. The order was related to a patent application filed by GSP Crop Science, concerning a synergistic suspo-emulsion formulation of Pyriproxyfen and Diafenthiuron. The Petitioner in this case, Best…

BananaIP Reporter Case Study, Intellectual Property, Patents July 11, 2022 1851Views 0Like

Weekly Updates: Copyright and Entertainment Law

NBA player sued for copyright infringement Kendrick Nunn, a player for the Los Angeles Lakers, has recently been hit with a copyright infringement suit from curtsied photographer Steven Mitchell. The suit arose after Nunn posted a photograph clicked by Mitchell, onto his social media profiles, without taking any license or permission from the photographer. Mitchell has also previously filed a similar suit against NBA legend LeBron James, which was only recently settled for around 1 million US dollars Ranchi Court…

BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law July 8, 2022 1307Views 0Like

Proposed Draft of Amendments to IT Rules, 2021 - BananaIP's Comments and Suggestions

BananaIP’s Comments and Suggestions – Proposed Draft of Amendments to IT Rules, 2021

Background The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 was proposed by the Ministry of Electronics and Information Technology on 25th February, 2021. The draft amendments to the same were made available for public scrutiny on the 6th June, 2022, seeking comments and suggestions within thirty days from that date, i.e. by 6th July, 2022, to dhawal.gupta@meity.gov.in or notan.roy@meity.gov.in, in MS Word (or compatible format) or machine readable PDF format. Part I – Proposed Changes and General…

BananaIP Reporter General, Intellectual Property July 6, 2022 992Views 0Like

Latest Trademark Cases in 2022 – Part 5

This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: Khadi &Village Industries Commission V. Raman Gupta & Ors. In this case, the Plaintiff, Khadi & Village Industries Commission was regulated under Khadi and Village Industries Commission Act, 1956. The Plaintiff was the registered proprietor of various words bearing the name "KHADI" in both Hindi and English language and also a logo in the form of 'Charkha Logos'. The Defendants started using the…

BananaIP Reporter Intellectual Property, Trademarks July 5, 2022 2152Views 0Like

Weekly Trademark Updates

This week’s trademark updates are as follows: Gujarat High Court issues notice to Microsoft in trademark infringement suit A local information technology company, Azure Knowledge Corporation Pvt. Ltd. had filed an appeal before the High Court against the order of the civil court seeking to restrain the global software giant, Microsoft Corporation from using its trademark “Azure”. The lower court has refused the request on grounds that the plaintiff failed to establish any loss or damage suffered by it. On appeal…

BananaIP Reporter Geographical Indications (GI), Intellectual Property, Media and Entertainment Law, Trademarks July 1, 2022 1157Views 0Like

Accessibility of Intermediary Services to Persons with Disabilities – Proposed Amendments to IT Rules

A. Background On 6th June, 2022, the Ministry of Electronics and IT, Government of India, published a press note sharing the Proposed Draft Amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (hereinafter referred to as “IT Rules, 2021”), and sought comments and suggestions from the stakeholders with respect to the proposed rules. As stated in the press note, two important principles that underlie the proposed amendments are: “The Internet should be Open, Safe &…

BananaIP Reporter Accessibility, General, Intellectual Property, Social Media Law June 29, 2022 1241Views 0Like

Celebrating 20 Years of IP Excellence

Weekly Updates: Copyright and Entertainment Law

High Court permits delayed trademark evidence because of E-portal upload issues

Weekly Trademark Updates

CASE BRIEF : European Commission vs. Union of India

High Court remands Patent Office’s Legally Infirm and Unreasoned Order

Weekly Updates: Copyright and Entertainment Law

BananaIP’s Comments and Suggestions – Proposed Draft of Amendments to IT Rules, 2021

Latest Trademark Cases in 2022 – Part 5

Weekly Trademark Updates

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