2024 – Page 35

Delhi High Court Checks-in With Clarity in Makemytrip and Booking.com Keyword Dispute

January 12, 2024 / By SpicyIP / Trademark

Relying on the decision passed in Google v. DRS Logistics, a Division Bench of the Delhi High Court recently held that use of “MakeMyTrip” as a keyword shall not amount to trademark infringement. SpicyIP intern Vedika Chawla writes on this development. Vedika is a third-year B.A.LL.B. (Hons.) student at National Law University, Delhi. Her previous posts can be accessed here. Delhi High Court Checks-in With Clarity in Makemytrip and Booking.com Keyword Dispute By Vedika Chawla In a decision on 14 […]

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SpicyIP Weekly Review (January 1- January 7)

January 8, 2024 / By SpicyIP / Copyright, Geographical Indication, Patent, Trademark

This weekly review is co-authored with SpicyIP intern Vedika Chawla. Vedika is a third-year B.A.LL.B. (Hons.) student at National Law University, Delhi. Her previous posts can be accessed here. Wrapping up the first week of 2024, here is a brief recap of our hard-hitting post on TKDL, the detailed comments on the draft Calcutta High Court IPR Division Rules, and an informative take on scandalous and obscene trademark prosecution in India. Highlights of the Week Comments on Draft IPR Division

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Angering the Gods: A Relook at the VBM Trademark Infringement Case

January 8, 2024 / By Tejaswini Kaushal / Others, Trademark

Invoking the “Holy Trinity of Hindu Gods” The case of VBM Medizintechnik GMBH v. Geetan Luthra raised eyebrows regarding the uncanny defense relied on for justifying the use of the trademark ‘VBM’: that it stood for the Hindu gods Vishnu, Brahma, and Mahesh! Most fortunately, it didn’t last long. A bit of background before we delve into more details: On 25 September 2023, in a legal dispute between a German medical equipment manufacturer, VBM Medizintechnik GMBH, and the Indian entity

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The US’ Review of March-in Rights, and Some Questions on an Indian Counterpart

January 5, 2024 / By SpicyIP / Patent

The US National Institute of Standards and Technology (NIST) on December 8 released guidelines inviting comments on the use of March in rights. SpicyIP intern Jyotpreet Kaur writes on these rights, the changes proposed in the guidelines, and India’s position on similar arrangements. This post has been authored with inputs from Swaraj. Jyotpreet is a third-year law student from the National Law University, Delhi who is interested in Intellectual Property Rights and Competition Law and looks to study their interaction

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Comments on Draft IPR Division Rules of High Court at Calcutta, 2023

January 4, 2024 / By SpicyIP / Copyright, Design, Geographical Indication, Patent, Plant Variety Protection, Trade Secret, Trademark

[This post is co-authored by SpicyIP Intern Pranav Aggarwal, Praharsh and Swaraj. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. He has a keen interest in commercial laws, especially in IP and allied fields. His previous post can be accessed here.] [Edit: Our final submissions co-authored by Praharsh Gour, Pranav, Swaraj, and Malobika Sen were sent in on 5th January, and can be viewed here.] On December 19, 2023 the High Court at Calcutta published the

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PAEP: Free Course on Patent Agent Exams

January 3, 2024 / By SpicyIP / Patent

The Patent Agent Examinations are due on January 07, 2024. And looking at some of the previous discussions on the blog (indicatively see here, and here), this one surely seems like a tough nut to crack. In light of the approaching exams, we are pleased to bring to you news from one of our former bloggers Rajiv Kr. Choudhary about a wonderful new initiative he’s put together online, Prepare for the Patent Agent Examination (PAEP), a free for all website

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Copyright Bill, 1955: the Best Copyright Law that India Never Had

January 3, 2024 / By SpicyIP / Copyright

Discussing the Mahatma’s take on copyright and the interplay between the 1955 Copyright Bill and the Berne Convention, we are pleased to bring to you this post by Shivam Kaushik. The post is a part of our IP History series. Shivam is a 2020 law graduate from Benaras Hindu University and is a former law researcher at the Delhi High Court. His previous posts can be accessed here. Copyright Bill, 1955: the Best Copyright Law that India Never Had By

Scandal and Obscene Trademarks: Determining Immoral Trademarks in Indian Law

January 3, 2024 / By SpicyIP / Trademark

Discussing the historical foundation of the absolute ground of refusing scandalous marks and its implementation by the Indian Trademark Registry, we are pleased to bring to you this guest post by Prof. M P Ram Mohan and Aditya Gupta. In this post, the authors highlight the historical justification behind the drafting of the provision prohibiting the registration of scandalous and obscene marks and undertake a purposive sampling of the actions taken by the Trademarks Registry against applications for such marks.

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A Spotlight on TKDL Once More: Oppose, Only To Abandon?

January 2, 2024 / By Tejaswini Kaushal / Traditional Knowledge

Recently, Laila Impex’s application pertaining to an herbal composition (IN201641013908) was opposed by CSIR’s TKDL unit. However, in a surprising turn of events, the unit did not attend the hearing, and the representation given also did not emphasize any of the specific grounds of opposition. Initiated in 2001, the TKDL aims to serve as a vital link between traditional knowledge books and patent examiners, safeguarding Indian traditional medicinal knowledge and thwarting its misappropriation at international patent offices. The question of

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SpicyIP Weekly Review (December 25- December 31)

[This post has been co-authored with SpicyIP intern Jyotpreet Kaur. Her previous posts can be found here.] Wishing our readers a very happy and healthy new year ahead. As we bid adieu to 2023, let’s take account of the interesting developments that we came across last week. Highlights of the Week A Look Back at India’s Top IP Developments of 2023 Continuing with our annual tradition, we curated a list of the top IP developments in India. We divided these

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