August 2017

SpicyIP Events: BananaIP’s Seminar on Patents for Corporate Inventors: ‘The Strategic Inventor’

/ By / Event

We are pleased to announce that BananaIP (BIP) Counsels is organising a seminar on patents for corporate inventors on September 22, 2017 at ITC Gardenia in Bangalore. For further details on the seminar, please read their post below: BananaIP Announces a Unique Seminar on Patents for Corporate Inventors “BananaIP (BIP) Counsels, a leading Patent Law Firm in India, is organizing a unique seminar on patents for corporate inventors on 22nd September, 2017, at Bangalore, India. Entitled “The Strategic Inventor,” the seminar is […]

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The Red Cross With A Twist: IMA Seeks IP Protection For New Logo

/ By / Copyright, Trademark

The last time the Red Cross’s red cross emblem (read: red coloured Greek cross on a white background; feeble attempt at a word-pun) became wrapped up in trademark law, it made big news in the US. The company, Johnson & Johnson had sued the American Red Cross over trademark infringement of the famous emblem, and lost. Now, it appears that the emblem is making news within IP circles in India. According to reports, the Indian Medical Association (IMA) has come

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Update: Google Seeks US Court’s Intervention on Canadian SC’s Global Injunction

/ By / Others, Overlaps in IP, Trademark

In July, I had written about the decision of the Canadian Supreme Court in Google v Equustek, to issue an interlocutory injunction against Google Inc. in Canada, and directing Google to enforce the decision in every jurisdiction in which it operates. I had argued that the decision would throw issues of Internet jurisdiction, which are largely based on judicial comity, into a tailspin. Further, I had argued that the decision creates a dangerous precedent of allowing courts or laws in one jurisdiction to

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SpicyIP Jobs: Associate at a Leading IP Law Firm in New Delhi

/ By / Others

We are glad to inform our readers that a leading IP law firm in Delhi is looking to immediately hire a lawyer for the position of an Associate. Who Can Apply? Any fresh law graduate or one having 1-2 years of work experience may apply. Responsibilities The candidate will be involved in IP transactional, litigation and policy work. How to Apply? Interested candidates may send their application along with their CV and 2 writing samples to [email protected]. The applications must

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Delhi HC, Considering inter alia Unique Stylized Font, Decreed against ‘YahooKochi’ in TM Infringement Suit

/ By / Trademark

The Delhi High Court, in a recent TM infringement ex-parte suit (Class 39) concerning ‘YahooKochi’, held in favour of Yahoo Inc. (Plaintiff) and directed the defendants to pay compensation of nearly five lakhs rupees. The Court had earlier granted ex-parte ad-interim injunction in favour of Yahoo Inc. The judgment is available here. According to the petitioner, “defendants are infringing the plaintiff’s trade mark. In support of his contention, he referred to a print out from defendants’ website- http://www.yahookochi.com (Ex.PW1/22). He

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Call for Papers: Journal of Intellectual Property Law (JIPL), Institute of Law, Nirma University; Submit by Oct 31, 2017

/ By / Others

We are pleased to announce that the Centre for Intellectual Property Rights, Institute of Law, Nirma University, Ahmedabad, Gujarat is inviting articles / research papers, case studies and book reviews on the contemporary topics related to intellectual property rights for publication in the 3rd issue (2017-18 volume) of the Journal of Intellectual Property Law. For further details, please read the post below: Call for Papers: Journal of Intellectual Property Law Centre for Intellectual Property Rights, Institute of Law, Nirma University, Ahmedabad, Gujarat hereby invites articles /

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SpicyIP Weekly Review (July 31- August 7)

/ By / Others

Thematic Highlight: Prashant discussed a recent Delhi HC case involving engineering drawings and their reproduction in 3D form. The defendant got away from the plaintiff’s copyright infringement claim on account of S.15(2) allowing for exemption to design infringement in cases where production crossed 50 units. Prashant argues that the engineering drawings do not constitute “designs” in the first place and therefore, the court misinterpreted S.15(2). Then, he proceeds to further argue that one cannot prevent another from manufacturing the content of

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When Journalists Lose their Mojo: Barkha Dutt and NDTV Lock Horns Over the Use of ‘MoJo’

/ By / Trademark

In what can only be described as ‘much ado about nothing’, a series of tweets were exchanged between Barkha Dutt and Nidhi Razdan over NDTV’s purported move towards mobile journalism and the use of the word ‘MoJo’ (abbreviation for ‘Mobile Journalism’) to refer to their ‘new’ form of journalism, which is similar to Barkha Dutt’s online platform ‘TheMojo’. Barkha Dutt’s tweets were triggered by a news report, which talked about the downsizing of staff within NDTV due to financial constraints

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Dysfunctional Judgments on Functionality and Design Law

/ By / Copyright, Design

A few months ago, when I wrote on a Delhi High Court judgment in the Carlsberg design infringement case, I received a few comments and emails protesting my claim that Indian design law does not penalize designs which also have a functional aspect. The issue of functionality has been a tricky issue in most jurisdictions because design law is supposed to protect only designs that appeal to the eye while functionality is to be protected under patent law. Life is

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The CCI’s Identity Crisis and Dealing with Misplaced Criticism

/ By / Competition Law, Drug Regulation

The Competition Commission of India (CCI) will complete 14 years of its existence this year, having been established in 2003 (although it became fully functional only much later). Like all teenagers, the people around it can’t seem to identify its exact role in the universe. In the case of the CCI, the question is whether the institution is a part of the executive or the judiciary. This issue was raised before the Supreme Court in the case of Brahm Dutt

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