“You cannot take ‘advantage’ of me”, Sita must’ve said to Ravan.
And not surprisingly at all, the Honourable Supreme Court of India feels strongly for the sentiment. As was seen on the 27th of October, 2015 when the division bench comprising of J.Gogoi and J.Agrawal observed that using images of Gods and Goddesses as a part of a logo/label would be “taking advantage of the Gods and Goddesses” which wouldn’t be permitted. The SC also ruled that names of holy…
For most people, an ideal day begins with a cup of coffee and a newspaper. The blog that we bring to you today is rather unique in its concept and content. It gives you the exact feel of sipping coffee while updating yourself with the latest IP news. Often featured as one of the top pharma blogs, Patent Baristas serves its readers with some “patent chat over a steaming cup of Coffee.” Patent Baristas is an intellectual property news and…
Afro-IP is an IP blog that covers the African intellectual property law, practices and policies. It provides the reader with news, information and comments on IP law, practice and business deals pertaining to the continent of Africa.
Born in the last week of December 2007, Afro-IP arose from the concern of team leader Darren Olivier that there was no decent source from which to obtain reliable news concerning IP developments in Africa and nowhere to put it once you’d gotten…
This presentation was delivered by Dr. Kalyan C. Kankanala to PGP-Enterprise Management students at IIM-Bangalore, as a part of their Business Law curriculum. The presentation entitles Intellectual property and Licensing covered the following topics-
Idea- What is an idea, example, whether all ideas can be protected.
Patent- What is a patent, term of a patent.
Protection Strategy
Spectrum
Licensing
Copyright- What is copyright, idea/ expression dichotomy, term of copyright.
Protection with respect to copyright…
A few months ago, the Office of the Controller General of Patents, Designs, and Trademarks released their annual report (hereinafter referred as ‘report’) for the 2013-2014 financial year. The report explains in detail, all statistics pertaining to Patents, Trademarks, Copyrights, Designs, and Geographical Indications (GI), for the aforementioned time period. Let’s have a look at the statistics and analyze the transformation Indian IPR system is undergoing. We begin our analysis with the Patent domain.
The Patent system has a well…
Case Title: Sholay Media Entertainment Pvt. Ltd. & Ors.v. Parag Sanghavi & Ors.
Citation: 223 (2015) DLT 152, MIPR 2015 (3) 0096
Brief Facts:
The dispute is centered around the highly popular movie ‘Sholay’ directed by Mr. Ramesh Sippy and produced by Mr. G.P. Sippy and the movie ‘Ram Gopal Verma Ki Aag’ directed by Mr. Ram Gopal Verma. Before we go into the particulars of the dispute, one must have an understanding of the ownership of the rights over the…
Brands – the backbone of Fast Moving Consumer Goods (FMCG) valuation
William Shakespeare once said “What's in a name?”
For FMCG companies, it’s all about the product names that consumers identify from the TV advertisements or trips to the supermarket. It is critical to your business because:
It’s a marketing tool; brand recall leads to greater sales and profitability
It strengthens your licensing opportunities and therefore revenue from distributors/partners
It increases your company’s valuation, leading to…
This post exhibits the statistics of IP litigation in India in the past decade.
The following table displays the statistics that were arrived at after conducting a search on Manupatra . It tabulates the estimated number of decisions passed by the Supreme Court and High Courts with respect to patents, trademarks and copyrights in the past decade.
IP Decisions Passed by SC and HCs from 2004 – 2014
Year
Number of Decided Cases for Patent
Number of Decided Cases for Trademark
Number of…
Flipkart was again in the news recently. The e-commerce company sent a legal notice to a Hyderabad based blogger, Amit Bhawani, for the infringement of it trademark/logo and cyber squatting.
Seems like a garden variety case of trademark infringement right? Not quite. Mr Bhawani who is technology blogger with sites like ‘Phone Radar’ and ‘Android Advices’, also ran a website called ‘amazonvsflipkart.com’. As the name suggests the website hosted a ‘customer satisfaction poll’ pitting Flipkart and Amazon against each other,…
Recently the Internet domain registrar, GoDaddy had its Oscar-worthy moment, winning against the Academy of Motion Picture Arts and Sciences (‘Academy’ for brevity). The Academy had accused the Scottsdale, Arizona based company of cyber squatting.
Originally filed in 2010, the lawsuit was filed by the Academy, stating that GoDaddy was allowing its customers "to “park” their pages and share in the revenue" collected from the advertisements on the said pages. Further the Academy stated that the internet domain registrar had…