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SpicyIP Weekly Review (November 12-18)


Rishabh recently wrote a post on a Bombay HC Order. In the order, the Court has instructed the Defendant to give prior notice of 7 days to the Plaintiff before  initiating any legal proceedings against them regarding the trademark ‘Hotel Millennium Park’. He analyses the scope of Section 142 of the Trade Marks Act and concludes that the order is outside the ambit of the Section since it prevents the Defendant from obtaining ex parte ad interim reliefs.

Prof. Basheer called attention to a quite disappointing trend in the world of academia: the lack of proper attribution to works of Indian scholars. Eight years ago, Prof. Basheer had devised the idea of an investment protection regime for inventions in his PhD thesis and later went on to publish the same in the Journal of World IP. He recently, however, discovered another paper on SSRN which mooted the same idea without citing his work. In the end, he promises us another post deliberating on the politics of citations and scholarships.

SpicyIP Jobs

Pankhuri announced that a leading Mumbai-based, mid-size law firm is looking to hire a media lawyer for the position of a Senior Associate.

Other Developments

Indian

Judgments

M/s. Super Cassettes Industries Private Limited v. Brij Network/ Brij News – Delhi District Court [November 12, 2018]

The Court granted an ex parte permanent injunction restraining the Defendant from broadcasting Plaintiff’s copyrighted musical and audio visual works through its cable network without license. In arriving at this decision, the Court stated that continuous infringement by the Defendant had caused substantial loss and damage to the Plaintiff’s business which was predominantly dependent on license income. Moreover, the Court awarded punitive damages of Rupees 20 lakhs in favour of the Plaintiff.

M/s. Super Cassettes Industries Private Limited v. M/s. World View Cable Services – Delhi District Court [November 15, 2018]

The Court granted an ex parte permanent injunction restraining the Defendant from broadcasting Plaintiff’s copyrighted musical and audio visual works through its cable network without license. In arriving at this decision, the Court stated that continuous infringement by the Defendant had caused substantial loss and damage to the Plaintiff’s business which was predominantly dependent on license income. Moreover, the Court awarded punitive damages of Rupees 15 lakhs in favour of the Plaintiff.

News

International

 

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