In the case of PPL versus LOOKPART EXHIBITIONS (CS (COMM) 188/2022 & I.A 4772/2022), The Delhi High Court asked Professor Arul George Scaria to provide an expert opinion on Section 52(1)(za). The Court asked Professor Arul to particularly provide an opinion on the scope and extent of the Copyright Exception with respect to the use of Sound Recordings in marriage ceremonies and related festivities. In furtherance, Professor Arul gave his opinion to the Court, which was mentioned in the Court’s…
This week’s trademark updates are as follows –
Protecting GI Goods
The GI Tags can and are being utilized to prevent counterfeits from chipping away the revenue of the original products protected as a GI. The Gulbarga Tur Dal (pigeon pea) is a good example of the same. During a training program held in October 2022, 16 users were awarded the “Authorized User Certificate” (AUC) for the Gulbarga Tur Dal, which is a product provided with a GI Tag. The AUC…
This week’s trademark updates from BananaIP Counsels include PhonePe v MobilePe, Entrepreneur Magazine vs. The Senior Examiner of Trade Marks, Delhi, and The Battle of Sadda Pind. Read More Continue Reading Weekly Trademark Update Bulletin- PhonePe v MobilePe, Entrepreneur Magazine Vs. The Senior Examiner of Trade Marks, Delhi and more
A patent attorney’s job includes tracking and managing deadlines and schedules for each patent case that he or she handles. Every Indian patent has at least ten (10) deadlines on average, and a patent attorney managing a portfolio of one hundred patents must keep track of at least one thousand dates. Read More Continue Reading Can you revive abandoned/lapsed patents and patent applications in India?
One of the critical parts of a patent attorney’s work is the management of timelines and deadlines relating to patent files being handled by her/him. On an average, each patent file in India has at least ten (10) deadlines, and if a patent attorney has a portfolio of 100 patents, she/he is looking at at least 1000 dates to track. Read More Continue Reading Role of ‘Intent’ in Reviving lost Patents and Patent Applications in India
This week’s trademark updates are as follows:
A hot win for ‘Chaayos’.
In the matter of SUNSHINE TEAHOUSE PVT. LTD. v. MTRM GLOBAL PVT. LTD., the plaintiff, owner of the trademark- Chaayos had approached the Delhi High Court against the usage of the mark- Chaiops by the defendants. The suit was filed in September seeking permanent injunction and restraining unauthorised use of the mark by the defendants. The matter was referred to mediation last month which failed and further options to…
Facts (with Timeline):
i) FMC Corporation and FMC Agro Singapore Pte. Ltd. (collectively referred to as “Plaintiffs”) were assigned Indian Patent No. 298645 (suit patent/IN’645) titled “Method for preparing N-Phenylpyrazole-1-Carboxamides.”
ii) The suit patent disclosed a novel method for preparing anthranilic diamide insecticide compounds. The claimed method involves combining:
a carboxylic acid compound of Formula 2,
an aniline compound of Formula 3, and
a sulfonyl chloride,
to prepare a compound of Formula 1 (Chlorantraniliprole (CTPR)).
iii) The Plaintiffs brought…
This week’s trademark updates are as follows:
Delhi High Court prevents website from using the trademark "Live Law" because of "intent to cash in on goodwill."
The Delhi High Court has issued an ad interim injunction in favour of Live Law Media Private Limited, the business that owns the legal portal livelaw.in, preventing "Tiya Law Library" and a Haryana-based attorney from using the mark/name "Live Law" until further orders and ordering the internet service providers to block access to the website…
This week’s trademark updates are as follows:
CHAAYOS trademark infringement dispute referred to mediation
Sunshine Teahouse Private Limited had filed an infringement suit against the CHAIOPS café. Sunshine claimed that the Defendant’s brand name CHAIOPS was infringing upon their mark CHAAYOS. The Delhi High Court noted that there were no similarities between the device and logo of the two parties and that there existed only phonetic similarity between the two. Hence, stating the possibility of an amicable settlement, the Delhi High…
This week’s trademark updates are as follows:
Kashmir seeks to add more products to its GI list
Kashmir seeks to obtain the GI tag for five of its crafts: Kashmir Namda, Wagguv, Shikara, Gabba and Kashmir Willow Bat. The Director of the Handicrafts & Handloom Kashmir had an extensive discussion with the authorities of Intellectual Property India, Chennai and requested them to accelerate the process of registration, “The dossier for registration of these crafts has already been submitted to the Intellectual…