Intellectual Property Archives

Publicity Rights in India (Part I)

This post was first published on February 28th, 2012. The right of publicity refers to the right to prevent unauthorized commercial use of a person's persona. A person's persona includes his name, photograph, signature, voice or any other identity. Publicity rights vest only in a celebrity or public figure. In other words, a person must be recognized by the public in order to possess the right of publicity. The public must identify or associate an identity to a person.…

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The image depicts an X-Ray of a person's left hand.

Medical Imaging- A Patent Insight

This post was first published on February 21st, 2012. Medical Imaging is in full flow and offers several advantages for clinicians to diagnose the patient’s health thoroughly. Medical imaging is the technique and the process to create images of the human body or parts for clinical purposes and is often perceived to designate the set of techniques that noninvasively produce images of internal aspects of the body. The imaging technologies involved in medical imaging are Radiography, Magnetic resonance imaging (MRI),…

February 17, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 935Views 0Like

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The image depicts the text 'Trade Secret' on a piece of paper. The post is about a trade secret misappropriation case. to read more click here.

Trade Secret Violation – A Hypothetical Indian Case Scenario

This post was last published on January 23rd, 2012. India has emerged as one of the important markets for information technology services and services involving business processes. With the constant development of industries in India, the growth of intellectual property has been exponential and so with it, the increasing need for providing better enforcement techniques to protect IP. India already has various statutes for the protection of patents, trademarks, copyrights, designs etc. But existing and rising industries/businesses are generating a lot…

February 17, 2019 BananaIP Reporter Intellectual Property, Trade Secrets 0Comment 1921Views 0Like

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The featured image is of TM which is the abbreviation for Trademark. the post is aboutthe new trademark rules, 2017. To read more click here.

‘Acquired Distinctiveness’ of Infosys Trademark

This post was first published on 18th November, 2011. Infosys Technologies Ltd vs Adinath Infosys Pvt. Ltd & Ors, High Court of Delhi Facts: The plaintiff-company Infosys Technologies Private Limited is engaged in the business of providing IT services, solutions, consulting and business process management. INFOSYS is the registered trademark/service mark of the plaintiff-company in various Classes including Class 16 in respect of computer software. The Plaintiffs have strongly contended that owing to their excellent services offered by…

February 17, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1293Views 0Like

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This image depicts the picture of a Zippo fridge with the mark in its unique stylisation with a flame forming the dot on the 'i'. This post talks about how the company got a restraining order against brands that were passing off their products under the zippo mark. Click on the image to read the full post.

Zippo Manufacturing Company v. Anil Moolchandani & Ors. , High Court of Delhi

This post was first published on 15th November, 2011. Zippo Manufacturing Company v. Anil Moolchandani & Ors. , High Court of Delhi Pronounced on 31st October, 2011 Facts In February 2006 the plaintiff came across the defendant selling counterfeit lighters with the Zippo mark in the same shape and it was a verbatim imitation of the original Zippo lighters. Zippo, a company based out of USA claims to be a world leader in the manufacture and distribution of lighters…

February 17, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1915Views 0Like

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Who Owns the Castle?

This post was first published on November 6th, 2011. South African Breweries International and Another v. Mohan Goldwater Breweries Ltd and Another (High Court of Delhi) FACTS Plaintiff No. 1 is a company registered in Netherlands and Plaintiff No. 2 is a joint venture company registered in India. Plaintiff No. 1 has registered CASTLE and CASTLE label in respect of beer in many countries and claims sale of USD 1 billion. The Plaintiffs contend that their mark is a well-known mark in India…

February 17, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 896Views 0Like

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Audit for IP Systems to Derive Business Value

The post was first published on November 5th, 2011. The value of IP for businesses is today an accepted fact. As I had mentioned in my earlier posts, companies are today grappling with establishing systems and mechanisms to derive value from IP rather than questioning its value as earlier. One important step in the process is uncovering IP in the company and categorizing its value for the business. I have elaborated on the role of IP Audit for identifying IP…

February 16, 2019 BananaIP Reporter Intellectual Property, IP Audits 0Comment 805Views 0Like

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What is your IP worth? Improving Revenues and Financial Value of a Company

This post was first published on October 21st, 2011. A company's Intellectual Property (IP) is one of its most valuable assets. The value of a company's IP is directly proportional to its R&D and innovative activities. The IP Value of most companies that are research-based is generally much higher than their tangible assets. Most companies in India have today realized the value of IP but fall short with respect to its planning, optimization, and utilization for gaining business benefits.…

February 16, 2019 BananaIP Reporter Intellectual Property, IP Audits 0Comment 739Views 0Like

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Can God’s Name be Monopolized? ‘No’ Says the Court

This post was first published on October 19th, 2011. BHOLE BABA MILK FOOD INDUSTRIES LTD v. PARUL FOOD SPECIALITIES PVT. LTD.- High Court of Delhi. (Division Bench) Facts: The Appellant has a trademark registration for the label KRISHNA with a pictorial reflection of Lord Krishna standing on a lotus flower for dairy products. The Respondent was selling ghee under the mark ‘PARUL’S LORD KRISHNA’ where the word KRISHNA was dominantly written in large font. The Appellant sought to obtain an…

February 16, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 889Views 0Like

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Elvis Presley International Memorial Foundation v. Crowell – Right of Publicity is Descendible

This post was first published on October 12th, 2011. 733 S.W.2d 89 (Tenn., App, 1987) Elvis Presley was one of the most popular American singers of the 20th century. He was popularly known as “King of Rock and Roll”. Elvis Presley's career was without parallel in the entertainment industry. From his first hit record in 1954 until his death in 1977, he scaled the heights of fame and success that only a few have attained. He was aware of his likeness and…

February 16, 2019 BananaIP Reporter Intellectual Property, Media and Entertainment Law 0Comment 892Views 0Like

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Celebrating 20 Years of IP Excellence

Publicity Rights in India (Part I)

Medical Imaging- A Patent Insight

Trade Secret Violation – A Hypothetical Indian Case Scenario

‘Acquired Distinctiveness’ of Infosys Trademark

Zippo Manufacturing Company v. Anil Moolchandani & Ors. , High Court of Delhi

Who Owns the Castle?

Audit for IP Systems to Derive Business Value

What is your IP worth? Improving Revenues and Financial Value of a Company

Can God’s Name be Monopolized? ‘No’ Says the Court

Elvis Presley International Memorial Foundation v. Crowell – Right of Publicity is Descendible

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