Citation : ORA/126/2012/TM/CH, Order dated 16th April, 2015
Parties Involved :
Applicant :
1. Hypnos Limited (UK)
Respondents :
1. Hosur Coir Foam Pvt. Ltd.
2. Peps Industries Pvt. Ltd.
3. The Registrar of Trademarks, Trademarks Registry, Chennai
Brief Facts :
The Applicant, a UK based family run bed manufacturing company, filed a rectification petition to cancel the registration of the ‘HYPNOS’ trademark owned by Respondent No. 1 under Class 20.…
Does the Intellectual Property Regime play a role in promoting creativity? As stated by most governments, the objective of patent, copyright, design and other laws is to promote the progress of inventive activity and creativity. Are these laws actually achieving their stated objective? While most of us would like to believe that they are, no empirical study has been able to conclusively prove so far that IP laws actually promote creativity. The logical question that follows would be whether we…
In latest news, Apple has been banned from launching its new Watch in Switzerland as in other European countries, scheduled to be on April 24, 2015, because of an Intellectual Property Rights issue. They cannot use the image of an apple or the word 'apple' to launch their product in Switzerland because of a trademark from 1985.
The trademark currently belongs to William Longe, who owns watch brand, Leonard, that first filed the trademark application. He applied to the Swiss…
Sinapse congratulates Rajiv Aggarwal, IAS officer and Joint Secretary of DIPP - Department of Industrial Policy and Promotion, for being appointed as the new Controller General of Patents, Designs and Trade Marks (CGPDTM) of the Indian IP Office. He assumed charge on March 18, 2015.
Rajiv Aggarwal will be the third IAS officer who will be heading the Indian IP Office. Previously, Mr. Chaitanya Prasad and his predecessor Mr. P H Kurian held the position. These appointments gesture a change in trend from such…
Article contributed by Heema Shirvaikar, Intern at BananaIP Counsels, 3rd-year Law Student at Symbiosis, Pune.
Facts and brief history of case:
In 2011, a Writ Petition was filed before the Madras High Court by Mr. Shamnad Basheer, seeking a Writ of Declaration, to declare the establishment of the Intellectual Property Appellate Board (IPAB) under the Trade Marks Act, 1999, and the Patents Act, 1970 as violative of the basic structure of the Constitution of India.
Shamnad Basheer, founder of…
In a recent patent battle, InterDigital, the patent licensing company, lost its appeal to revive patent infringement suits against Microsoft and ZTE’s phone unit (previously NOKIA). InterDigital had been fighting with Nokia over royalties for over 7 years before Microsoft inherited the fight when it purchased Nokia’s mobile device business. After the ruling, InterDigital’s share price came down by 3.4% to US$ 49.14.
InterDigital had filed a lawsuit against Microsoft and ZTE claiming they had infringed on 5 of its mobile phone technology…
As a world of glamour, Hollywood has given us some of the most brilliant people that have been an inspiration. Today, we will see an inspiration of another kind. We will see a new side to someone considered one of the most beautiful and talented women in Hollywood. Someone who moonlighted as an inventor! She is Hedy Lamarr!
Hedwig Eva Maria Kiesler popularly known as Hedy Lamarr, was an Austrian-American actress and inventor. At the age of 19, she was married to Friedrich…
The Fair Trade Commission (FTC), South Korea's antitrust authority, conditionally approved Microsoft’s acquisition of Nokia’s handset business earlier this month. The conditions attached to the merger state that Microsoft will put a ceiling on the royalties paid by major Korean handset manufacturers like Samsung and LG for Nokia patents. The agreement between Microsoft and Nokia will allow Microsoft to directly manufacture handsets and tablets based on its broad patent portfolio.
Microsoft had submitted its request for the acquisition of Nokia’s…
US chipmaker, Qualcomm Inc., has put an end to the 14-month anti-trust investigation by the Chinese Government by agreeing to pay a record fine of US$ 975 Mn. Qualcomm has also been asked to lower its royalty rates on patents used in China, thereby providing a boost to domestic handset manufacturers like Xiaomi and Huawei.
Qualcomm Inc. is facing similar charges in the US and Europe as well. South Korea has also started investigating similar monopolistic practices by Qualcomm.…
Google has struck a deal with Twitter to acquire full access of the tweets and their indexing in its search results on a real time basis. Although details of the deal have not been disclosed or confirmed by either party, Google has allegedly entered into a data licensing revenue agreement, and will shell out the money to the tune of US$41 million for the tweets. Google had been indexing tweets till 2011, before the launch of Google+, its social networking site…