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Evolution of Dilution as a Remedy: The theory of Dilution as a means of protecting a trademark was first propounded by Frank Schechter in his research article, “The Rational Basis for Trademark Protection”. He advocates in this article that the real function of trademark law is to identify a product as satisfactory and thereby stimulate further purchases by the consuming public. He further says that the real injury to a trademark is the gradual whittling away or dispersion of its…
This post was first published on January 20th, 2011.
A trademark provides business and competitive advantage through consumer recognition and association of good will. Business advantage can be maximized if fame can be associated with the trademark. A famous trademark allows a company to prevent unauthorized use of the trademark for both related and unrelated businesses. In India, use of a famous trademark for unrelated goods or services is considered infringement.
A famous trademark is said to be infringed if…
This post was first published on August 6th, 2011.
Brief Facts:
The Plaintiff - Super Cassettes Industries, is involved in the business of music distribution and film producing. The plaintiff claims to be the owner of several sound recordings, cinematograph films, songs, etc, they also claim to possess 20,000 non-film Hindi songs and 50,000 songs in various regional languages. It is largely dependent on the exploitation of its copyright, as this exploitation benefits the plaintiff monetarily enabling it to carry on…
This post was first published on October 4th, 2011.
Star India Private Limited v. Leo Burnett (India) Private Limited
Facts:
Star India Pvt. Ltd. (plaintiff) is doing the business of acquiring copyrights in cinematograph films, television serials, programs, and also producing and commissioning the production of television programmes for various television channels. These programs enjoy tremendous popularity amongst viewers in India and abroad. Star India Pvt. Ltd. also had acquired the copyright of famous T.V. serial produced by Balaji Telefilms Pvt. Ltd., named,…
This post was first published on November 13th, 2011.
“Right of Publicity” is a common reference to "Personality rights". It is a right of an individual to control the commercial use of his or her name, image, likeness or identity. It is generally considered a property right as opposed to a personal right. In most of the countries, the Right of Publicity is recognized under statutes.
According to John Lock, “the economic value of identity should be allocated to the celebrity individual…
Emergent Genetics v. Shailendra Shivam
The Delhi High Court in the case of Emergent Genetics v. Shailendra Shivam looked into questions surrounding the protection of DNA sequences as copyright and confidential information. In this case, the Plaintiff had alleged that the Defendants had infringed their copyright over hybrid seeds developed by them. The Plaintiff had contended that DNA sequences were analogous to computer programs and could hence be afforded copyright protection. Also, it was their contention that the documentation surrounding…
This post was first published on December 23rd, 2011.
A 64-year-old Richland woman named Guadalupe Olvera recently received a U.S. patent for her idea on foot-and-toes dryer device that will help those with diabetes and other patients. Guadalupe Olvera said that she was able to obtain the patent because of help and encouragement from teachers at Pasco’s Columbia Basin College, close friends and her faith in God.
The patent involved here is United States Patent No. 8065814, titled “Foot drying…