Trademark

The Underdog takes it all: AZ Tech (India) v Intex Technologies (India) Ltd.


Recently, the Delhi High Court temporarily injuncted the handset giant Intex Technologies from using the trademark “Aqua” based on passing off charges made by AZ Tech (India). The judgement is available here. This well-reasoned and lucid judgement is one of the few in India which deal with arbitrary marks. This is an interesting case where a much smaller company has been able to prima facie prove passing off against a leading corporation in the field. Facts The plaintiffs sought an…


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Copyright

Sony Music v. Raj TV: Reading between the Lines


On the 12th of December, 2016, the Madras High Court passed a brief order in the case of Sony Music Entertainment India Pvt. Ltd. v. Raj Television Network Ltd. (read the order here). The Court restrained Raj TV from using the sound recordings and images owned by Sony, as well as synchronizing Sony’s underlying musical and literary works with visuals to create cinematographic films. While the order doesn’t go into the specifics of the factual background, Sony Music filed this…


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Others

Our new book on the history & politics of Indian IP & a free e-book on Indian copyright legislation and parliamentary debates


I’m happy to announce to our readers that the Oxford University Press has recently published a book on Indian IP that I have co-authored with Sumathi Chandrashekharan, who used to blog with us on SpicyIP and who is now with the Vidhi Centre for Legal Policy. The book is titled Create, Copy Disrupt: India’s Intellectual Property Dilemmas and attempts to narrate the history and the politics surrounding India’s intellectual property policies since it declared independence from the British in 1947….


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Patent

SpicyIP Poll: Viva or No Viva for Patent Agent Exam & IIT-M’s Internship Opportunity for 2017 Exam Aspirants


In our last post on the patent agent exam, we had questioned the credibility of the recently released viva scores and revived the controversy over the constitutionality of the viva exam. We have now initiated an opinion poll on this controversy and would like to know our readers’ views on whether viva voce should be a part of the patent agent exam or not. Those of you who are of the opinion that it should form part of the exam, please tell us whether…


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Others

SpicyIP Weekly Review (January 8-14)


The topical highlight for the week was undoubtedly the raging issue of discrepancy in the viva scores in the Patent Agent Exam 2016. Through this timely post, Pankhuri brought our attention to the gross disparity in the viva scores of candidates who had tallied almost the same scores in the written examination. In the course of this post, she also pointed out the gulf in the average viva scores observed across different examination centres. Pankhuri notes that while the need…


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Trademark

Holding that a Permitted User Cannot Institute a Suit for Trademark Infringement, Delhi High Court Dismisses Suit for Lack of Jurisdiction


As Ritvik recently noted on this Blog, the Delhi High Court has recently begun to shed its reputation of being a pro-plaintiff forum by dismissing suits over which the Court does not have jurisdiction in accordance with the well settled law on this subject. In keeping with this trend, a recent Division Bench judgment of the Court [P.K. Sen versus Exxon Mobile] is another excellent example of the Court testing the plaintiff’s assertions as to the Court’s jurisdiction against the…


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Others

Indian Transparency Competition, 2017: File RTIs and Win Prizes


Being a blog committed to fostering transparency, we are extremely pleased to announce iPleaders and onlineRTI’s Indian Transparency Competition, 2017, that requires the participants to file an RTI with a government department of their choice and submit an article analyzing or explaining the data received in response. The details of the competition are as follows: “iPleaders and onlineRTI are two organizations which are committed to working towards accessible justice and transparency, making a difference in their own gentle way. OnlineRTI is…


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Patent Plant Variety Protection

The Plant Variety Authority and Bt Cotton: A Case of Regulatory Capture?


We are happy to bring to you a guest post by Mr. Essenese Obhan. Mr. Obhan is the Managing Partner of Obhan & Associates, a reputed IP law firm in Delhi. He has both a law and an engineering degree, and has been consistently ranked by multiple international agencies as one of India’s leading patent attorneys. He has extensive expertise in the mechanical, industrial, software, telecoms and agriculture sectors. He is involved in drafting and prosecuting patents, as also in…


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Patent

Patent Agent Exam 2016 Viva Scores: Revival of the Constitutionality Controversy


The result of the Patent Agent Exam 2016 is out. A total of 123 candidates have failed to qualify the exam owing to the low scores obtained in the viva-voce component of it. These viva scores have once again revived the controversy that the viva requirement of the patent agent exam has been mired in for some years now. Yesterday, we received some comments on our last post on the Patent Agent Exam, questioning the credibility of the viva process…


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Copyright Trademark

Spoilt for Choice? Not anymore: The Delhi High Court returns plaint since no part of cause of action arose in Delhi


In a recent decision, a Single Judge of the Delhi High Court refused to entertain Allied Blenders’ action for infringement of its TM OFFICER’S CHOICE since the plaint disclosed that the Defendant’s infringing use was restricted only to Andhra Pradesh. Furthermore, the Court also observed that it will not assume jurisdiction merely because the plaintiff has stated at the fag-end of the plaint an apprehension that the Defendant is likely to engage in the infringing activity in Delhi as well….


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