December 2013

Guest Post: Honesty in Disparagement – Colgate v. HUL

/ By / Comparative Advertising, Trademark

Spadika brings us her third entry to the SpicyIP Fellowship applicant series in this interesting post where she examines the recent Colgate v. HUL decision on comparative advertisements. You can view her previous posts here. Honesty in Disparagement- The Delhi High Court decision in Colgate v. HUL In a recent decision of the Delhi High Court, the controversial Pepsodent advertisement that compares the Pepsodent Germicheck Powder with Colgate Dental Cream has been held not to be per se disparaging. However, the […]

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Singers and music labels face-off over “feudal contracts”

/ By / Copyright

The ToI and Mumbai Mirror have carried this interesting story on an ongoing war between Indian Singers Rights Association (ISRA) and music labels with an increasing number of singers refusing to sign contracts which they have termed as “feudal”. Apparently, the Managing Director of ISRA, Sanjay Tandon and the singers are both alleging that the contracts being drafted up by the music labels are in violation of the Copyright (Amendment) Act, 2012. The article gets lost in the nitty-gritty of

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ZTE gets a breather from Delhi High Court : Removal of ex-parte interim injunction

/ By / Patent

Many readers would already be aware of the ongoing lawsuit going on between the Chinese telecom equipment and mobile phone manufacturer ZTE Corporation and Vringo Inc., a company engaged in the development and commercialization of intellectual property and mobile technologies. On November 7, 2013, Vringo had filed this suit against ZTE Corp., along with ZTE Telecom India Pvt. Ltd. and its CEO Xu Dejun, at the Delhi High Court, alleging infringement of its patent, titled “Mobile Station Operable with Radio

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One in! More to come?

/ By / Others

While our Fellowship window will continue to be open till January 15th, 2014, we are very happy to announce that one applicant has already met our required criteria! Devika Agarwal, a 4th year student at RMLNLU, Lucknow has sent in several posts on some very interesting issues. While applicants are only required to send in three submissions in the 6 week application window (Dec 1st – Jan 15th), Devika has sent in five great posts already. Her posts have discussed

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Chennai patent office revokes Pfizer’s patent on Detrol LA

/ By / Patent

In an interesting development the Chennai Patent Office recently revoked Pfizer’s patent on Detrol LA in response to a post grant opposition initiated by Ranbaxy. Detrol LA (extended release capsules of tolterodine) is used for symptomatic treatment of urinary incontinence/overactive bladder syndrome. The revocation order can be accessed here. Patent status of Detrol LA in India In India Detrol LA is protected by two patents IN211539 and IN229260 which cover its extended release capsule formulation. It is pertinent to note that there

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Guest Post: Amul girl and her Filmi Avatars

/ By / Copyright, Trademark

Devika continues to churn out more posts looking into areas that we’ve not often covered on this blog! This is her 5th entry to our Fellowship and is yet another very interesting read. You can view her previous posts here. Amul girl and her Filmi Avatars Amul ads are known for their excellent depiction of some of the burning issues in the country and also for the movie spoofs that they create. Take for instance, ‘Buttermeez Dil’, the movie spoof

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Copyright, Courts and Christmas

/ By / Copyright

“Dashing to the court In a mighty fancy sleigh O’er the case we gloat Laughing all the way A bunch of copyright crooks 
Been rippin’ off our books 
What fun it is to sue this chain In a copyright case again Copyright… copyright….. copyright all the way.. Oh what fun it is to make these needy students pay..
”   The above copyright jingle (taken from this Youtube video) owes itself to the highly talented duo of John Daniel (a lawyer

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Guest Post: What’s in a name?

/ By / Copyright, Trademark

Devika brings us her fourth entry into our SpicyIP Fellowship with this analysis of the IP issues involved in a new legal tangle that’s arisen in Bollywood. You can view Devika’s previous posts here. WHAT’S IN A NAME? Salman Khan starrer ‘Jai Ho’ which is set to release in January next year has run into legal trouble over its film title. It is learnt that following the success of the song ‘Jai Ho’ (featuring in Slumdog Millionaire) music director, A.R.

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Guest Post: To Parody or Not to Parody

/ By / Copyright

Continuing on, thematically, from the previous post, this guest post looks into the question of whether spoofs fall under the fair use exception or not. This is Spadika Jayaraj’s 2nd submission to the 2nd Annual SpicyIP Fellowship applicant series. You can view her first submission here. To Parody or Not to Parody – Does Bollywood need to lighten up? AIB is a group of comedians who produce funny content (mainly viral YouTube videos). They have been in the news recently for their

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Guest Post: Takedown and Growing Spoof Industry in India

/ By / Copyright, Trademark

Aradhya Sethia, a 2nd year student from NLSIU, Bangalore, brings us an interesting post on the place of parodies in our legal regime. Incidentally, though I had seen mention of AIB’s “Humble Plea to Bollywood” floating around in Social Media circles, I hadn’t actually watched the video till this post came in – and it’s certainly worth a watch! This is Aradhya’s first post in the 2nd Annual SpicyIP Fellowship applicant series. As a reminder to our interested readers, our

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