2023

SpicyIP Weekly Review (February 20 – February 26)

/ By / Copyright, Patent, Trademark

[The weekly review is co-authored by SpicyIP Interns Hiranya Bhandarkar, Niyati Prabhu, Amisha Mittal and Tanvi Agarwal.] As February comes to an end, another month goes by with some interesting IP developments. Here are the quick summaries of 4 posts, 8 case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know so we can include them! Highlights of the week   Spill […]

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Spill the Tee M: Discussing the Delhi High Court’s Order on Transborder Reputation in Toyota v TechSquare

/ By / Trademark

[This post has been co-authored with SpicyIP Intern Hiranya  Bhandarkar. Hiranya is a fourth-year law student at the School of Law, Bennett University. Her areas of interest are Intellectual Property Laws, Data Privacy Laws and Company Law.] In December 2017, the Apex Court in Toyota v Prius Auto Industries, set the standard of claiming transnational reputation in a mark backed by adequate evidence. In what may seem like a deja vu for Toyota, 5 years after the Supreme Court’s order,

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Informal innovation: The re-emergence of ‘informal’ washing machines

/ By / Innovation

A topic close to this blog’s heart – informal innovation, recently made headlines. The Prime Minister of the UK awarded Navjot Sawhney with the Points of Light Award for his hand-cranked washing machines. This award recognises volunteers, charity leaders and community champions. Navjot Sawhney designed washing machines that are cranked by hand and do not use any electricity. Just like hand-churned  ice-creams, clothes are hand-churned in a tub, and come out clean. As per interviews given by Sawhney, the driving

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Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement

/ By / Trademark

Have you ever wondered who protects the IP rights of IP lawyers? What happens when an IP firm is sued for infringing IP rights of other law firms?  SpicyIP Intern Niyati Prabhu discusses a few such instances in this guest post. Niyati is a second year student pursuing B.A.LL.B. (Hons.) from NUALS, Kochi. Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement Niyati Prabhu It is well known that companies across the world

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Needs No Fixing if it’s Not Broken: Delhi High Court Refused to Import Provisions of Original Side Rules in the IPD Rules for the Consequences of a Delayed Rejoinder

/ By / Others

Recently, Ishant wrote on the Delhi High Court’s broad interpretation of the term “leaving with the registrar” under the Trademark Rules and the timeline of filing documents before the Registry. In a similar vein, the question of adhering to a prescribed timeline recently popped up before the IPD too. In Vinay Kumar GB v. Sudhir Kumar and Anr., the Delhi High Court passed an order clarifying that the time limit of 30 days to file a rejoinder prescribed under Rule

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SpicyIP Weekly Review (February 13- February 19)

/ By / Copyright, Patent, Trademark

Last week on the blog we featured posts with nuanced discussions on burning issues surrounding patents, trademarks, and copyright. Here are the quick summaries of the 7 blog posts, along with 12 case summaries and other IP developments. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!   Highlights of the Week SpicyIP Tidbit: Madras High Court Directs the State Government to Issue a Notification for Establishing

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SpicyIP Tidbit: Madras High Court Directs the State Government to Issue a Notification for Establishing Intellectual Property Division

/ By / Others

In a recent writ petition filed by M/s.Galatea Limited regarding its pending case before IPAB, Chennai to be heard before the Madras High Court (MHC), the court directed the State Government to issue notification for the inauguration of the Intellectual Property Division (IPD). The court noted that “litigants intending to pursue disputes pertaining to intellectual property are left remediless for a long time after the abolition of the Intellectual Property Appellate Board.” Respondent’s counsel argued that the Registrar General has

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Numeral Marks, Passing off, Trademark Infringement – Delhi High Court’s All-in-One Approach? 

/ By / Trademark

Imagine a world where all numbers from 0 to 9 and their infinite permutations and combinations can be trademarked. In this unreal realm, Pinku, the owner of “89” can injunct Minku for using “82”, arguing that “8” is common in both of them. Now extend this logic to similar circumstances, such as 23 vs 28, 31 vs 91, 12 vs 21 and so on. Whoever uses a number first, gets to stop the next user! Now … what if you

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What if? Discussing the Elsevier Ltd. And Ors v Alexandra Elbakyan and Ors in the Multiverse of Substantive Copyright Arguments

/ By / Copyright

In an earlier post, Swaraj highlighted that despite the Sci-hub case going on for the past 2 years (see here, here, here, here  and here for previous posts on this), there has hardly been any discussion by the court on the substantive issues. SpicyIP intern Tanvi Agarwal brings us up to date on the last two orders (see here and here) regarding amendments that the defendants wanted in the written statement, and the dismissal of the application to reject the plaint.

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Sci-Hub and Public Libraries: Legal Deposit under The Delivery of Books and Newspaper (Public Libraries) Act 1954

/ By / Copyright

The on-going Sci-hub/libgen litigation, which initially drew a lot of hullabaloo, has been going on for a bit over 2 years now, with little to no movement on any substantive issues. Instead, it has mostly been adjournments and procedural issues. However, regardless of the outcome of the case itself, there seems to have been very little attention to why this situation has arisen in the first place. Some basic searching about the case online will throw up several articles about

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