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SpicyIP Weekly Review (November 19-25)


Arguing against the recent recognition of “Banglar Rasogolla” as a Geographical Indicator on account of being against both the letter and spirit of the GI Act, Sreyoshi discusses the following areas:

i. The technical pit-falls (Nature of applicant, uniqueness of product to Bengal).
ii. Possibility of the mark’s distinctiveness getting eroded.
iii. Ulterior effects on traders.
iv. Questions over the lack of opposition at the stage of examination.

Next, Pankhuri brought to your notice that the Indian Journal of Law and Technology was accepting articles, essays, case-notes, legislative comments abd book/article-reviews  for its 14th Volume. Please note that the deadline for sending in your submissions is February 15th, 2018. Please refer to the post for further details.

Finally, Divij informed you regarding William Fischer’s 12 week Harvard Online Course “CopyrightX” having opened for enrollment. The deadline for applying is 11th December. For more details, please refer to the post.

Other Developments

Judgments/Orders

  1. Prudential IP Services Limited v. Prudential Prosperitas Company– Delhi High Court [Nov. 14, 2017] The Court passed an Order of permanent injunction barring the Defendant from using the name ‘PRUDENTIAL’ in their investment consultancy business as it infringed the registered trademark of the Plaintiff. The Plaintiff was able to prove to the Court’s satisfaction that the Defendant’s infringing mark could be easily confused with the mark ‘ICICI PRUDENTIAL‘, belonging to the Plaintiff’s joint venture in India.
  2. Merck Sharp & Dohme Corporation v. Aprica Pharmaceuticals Private– Delhi High Court [Nov. 14, 2017] The court passed an ex-parte permanent injunction Order against the Defendant from selling their brand ‘ECOGLIPT’, a generic version of ‘SITAGLIPTIN’ which is a patented product of the Plaintiff. The order was quia timet as the Defendant had not released the product when the suit was filed.

News

  1. Aahad Foundation and Tribal Musicians.
  2. MSF’s Take on India Awarding Patent to Pfizer’s Pneumonia Vaccine.
  3. Marriott in Copyright Trouble over playing “Kala Chashma“.
  4. Copyright Infringement Against Tamil Hit Aramm.
  5. Government Plans to Engage Schools to Raise IPR Awareness.

International 

  1. Well Characterized Antigen Insufficient for Written Description.
  2.  U.S. Int. Trade Comm. Investigates Apple for Patent Infringement.
  3. Apple files Patent for Foldable Phone.
  4. Microsoft in Patent Infringement Imbroglio. 
  5. TiVo Wins Patent Ruling Against Comcast.
  6. U.S. SC to decide Fate of ‘Patent Death Squads’.
  7. Artist Sues Fashion Brand Marc Jacobs.
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Prateek Surisetti

Alias: Suri Net Worth: 0$. NALSAR Batch of 2019. Characteristic Features: 1. Thinks he's funny. 2. Can't shut-up about having topped in Class II. 3. Takes deep personal offence when his cricketing talent is questioned. 4. Will definitely reference his status as World#1 @ Reflex Ball (A sport he invented), within 10 minutes of conversing with him. Notable Endeavours: 1. Founder Access Fitness (Movement at NALSAR that promotes utilization of public spaces for furtherance of sport and fitness) 2. Author "Good Morning Miss Hobby" 3. Travel Photographer (Antarctica, India) Details @ www.facebook.com/prateekss Contact: [email protected]

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