Trademark

Case Note: Kar HC on M/S Adiga Sweets vs M/S Vasudeva Adigas Fast Food Pvt


[Image from here.] This is a well-written judgment which is on expected lines. The judgment is a value addition to the extant jurisprudence on trademarks / passing off since it deals with the psychological impact with respect to ‘deceptive similarity’ and ‘confusion’. Facts: The appellant, M/s. Adiga Sweets challenged the legality of the judgment dated 18.09.2013, passed by the XVIII Additional City Civil Judge (CCH No.10), Bengaluru City. The learned judge had decreed the suit for permanent injunction in favour…


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Events

SpicyIP Events: IP Fest Shrujan 2K17 at Nirma University, Ahmedabad


We are pleased to remind our readers that the Centre for Intellectual Property Rights, Institute of Law, Nirma University is organizing its first Intellectual Property Fest, Shrujan 2k17- Celebrating Culture, Creativity and Heritage tomorrow i.e. November 18, 2017. The fest aims to bring the interface of intellectual property with cultural heritage of the country to the notice of the legal fraternity as well as other stakeholders by facilitating an academic discussion on Traditional Knowledge and Geographical Indications. Panel Discussion (Seminar Hall : 9:30 AM to 1:00 PM) The University…


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Biological Diversity

 The Curious Case of the Indian Biological Diversity Act


We are pleased to bring to you a guest post on the ambiguities in the Biological Diversity Act, 2002 by Alphonsa Jojan. Alphonsa is a researcher in environmental law and policy.  The Curious Case of the Indian Biological Diversity Act Alphonsa Jojan The Biological Diversity Act, 2002 (BD Act), that was enacted to meet India’s international obligations under the Convention on Biological Diversity, has introduced two new concepts into the legal and normative framework governing biodiversity in India, namely, ‘access’…


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Copyright

Turmoil in the Music Industry Continues, as ISRA Suffers Setbacks Before the Delhi High Court – Time for Some Truth & Reconciliation?


A Division Bench of the Delhi High Court led by Justice Ravindra Bhat, on November 2, 2017 recently set aside three compromise decrees recognizing settlement deeds between the controversial Indian Singers Rights Association (ISRA) and two defendants. These lawsuits are not the same ones which we have discussed earlier on this blog, where Single Judges of the Delhi High Court passed strange ex-parte decrees against certain food and drinks establishments who did not take licences from ISRA. The decrees that…


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Patent Trademark

Openly Accessing the Old Annual Patents and Trademarks Reports


Of late, the Indian IP authorities have been making sincere efforts towards improving open access to IP data. Although these efforts are indeed laudable, much remains to be done. For instance, the Annual Reports of the Office of the Controller General of Patents, Designs and Trade Marks for years prior to 2002 are not yet available on its website. Only the reports for the years 2002-2016 can be found on the website. This was recently brought to our attention by…


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Copyright

Remember that speech by the Home Minister linking copyright infringement to terrorism, well, I filed a RTI application and…….


A couple of months ago, the Minister of Home Affairs Rajnath Singh, while delivering the keynote speech at the ‘National Workshop on Enforcement of Intellectual Property Rights’ made some tall claims about how copyright infringement and piracy was funding terrorism. This particular urban legend, linking copyright infringement to terrorism has been the central plank of the Motion Picture Association of America (MPAA) for some time now despite there being no convincing evidence actually establishing the link between copyright piracy and…


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Others

SpicyIP Weekly Review (November 5-11)


The topical highlight of the week is Divij’s post breaking news on recent developments in the ongoing feud between artists and copyright societies. The Enforcement Directorate has raided five major music companies in connection with their alleged misappropriation of artists’ royalties. As Divij notes, this is possible the first time a criminal complaint has been registered (under the PMLA) against IPRS in this dispute. The accompanying penal consequences may be a turning point in this battle. The thematic highlight of…


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Copyright

Re-Tweeting Into Trouble


A few weeks ago, Keith Bell, the author of a sports psychology book titled ‘Winning isn’t normal’ instituted proceedings against Pennsylvania-based King’s College and its sports coach for copyright infringement. What is remarkable about this suit is that it claims the infringement arose from an act of re-tweeting. The original tweet, containing photos  (which is arguably copyrightable content) of certain pages of Bell’s book  had been posted by a different user, the Northeastern State University Baseball team. Twitter has general…


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Copyright

Should Shankar Pay Royalty for Making a Sequel to His Own Film?


We are pleased to bring to you a guest post on sequel rights by Swaroop Mamidipudi. Swaroop is an advocate practicing in copyright law at the Madras High Court. He has guest blogged for us in the past as well (see here). Should Shankar Pay Royalty for Making a Sequel to his Own Film? Swaroop Mamidipudi In the last episode of the first season of Tamil Bigg Boss, Kamal Hassan and maverick Tamil director Shankar, who has a crazy cult…


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Copyright Others

Breaking: Artists’ Royalty Feud Against Labels Heats Up – Enforcement Directorate Raids Five Major Labels in Money Laundering Investigation


The battle for fair payments of royalties between artists and copyright societies is in the limelight again, and this time, it’s music labels in the eye of the storm. Various media outlets have reported that the Enforcement Directorate (“ED”) has conducted searches and enquiries in the premises of five music companies, including YRF Music, Saregama (which has since confirmed the news in a public statement), T-Series, Sony and Universal Music, India’s largest music labels, in at least 12 locations, in…


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