Trademark

Mountain Dew Trademark Battle: David v. Goliath or Misapplication of Prior User Rights?


PepsiCo has suffered a blow in its 16 year long legal battle to secure trademark rights for its famous soda, ‘MOUNTAIN DEW’. The Additional Chief Judge of the City Civil Court of Hyderabad has recently ruled that the Hyderabad-based Magfast Beverages enjoys prior user rights over an identical trademark for their packaged drinking water (‘PDW’) business. In this post, I discuss this order and certain other issues in the dispute that may require more attention. Facts The plaintiff Syed Ghaziuddin…


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Patent

Only ‘Disclosed’ if ‘Identified’: IPAB Quashes Ceritinib Patent Revocation


An IPAB bench consisting of Chairman Manmohan Singh J. and the new technical member for Patents Dr. B.P. Singh has quashed the Controller of Patent’s decision that revoked Novartis’s patent on the anti-cancer drug Ceritinib. It held that while the compound was contained in a broader genus patent, it was not ‘disclosed’ therein, as it hadn’t been specifically identified. The 104-page order examines several issues regarding novelty and obviousness, the extent of coverage and disclosure, and timelines for filing of…


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Copyright

IPAB to Fix Statutory Licensing Rate for Radio Royalties after 10 Years


In a significant development, the IPAB has passed an interim order maintaining status quo of the royalty rate for radio broadcasts under statutory licensing. This was followed by a Public Notice seeking suggestions from stakeholders with regard to the fixing of royalty rates by IPAB. Background Section 31D of the Copyright Act, 1957, which was added by the Copyright (Amendment) Act, 2012, empowers the Appellate Board to fix royalty rates for performances or radio or television broadcasts of literary and…


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Copyright Geographical Indication Others Trademark

SpicyIP Weekly Review (September 20 – 27)


Topical Highlight University of Miami Wins Appeal at IPAB over Cancer Drug Patent ‘Coenzyme Q10 Formulations and Methods of Use’ Praharsh discussed the IPAB’s order allowing an appeal against the Controller of Patents’ rejection of the University of Miami’s application over a pharmaceutical composition for treatment of cancer. The Controller had rejected the application stating, among other things that: a) the additional documents submitted by the appellant to explain the post research scenario were grossly substantive and result of further…


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Copyright Trademark

SpicyIP Weekly Review (September 14 – 20)


Topical Highlight A Tale of Two Sujatas: Delhi HC Reflects on Suppression of Material Facts and Clean Hands Doctrine Praharsh discussed Delhi HC’s recent order modifying an ex-parte interim injunction after finding that the plaintiff concealed material facts during the hearing. The Plaintiff, who used the registered mark ‘SUJATA’ under classes 7, 8, 9, 11, and 35 had obtained the injunction by concealing the fact that a director of the Defendant owned a similar mark ‘SUJATA’ under class 11 since…


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Patent

Ibrutinib Patent Revocation: IPAB Says the Stay is Here to Stay


Latest in the Ibrutinib patent saga is IPAB’s order maintaining the interim stay over the revocation of the anti-cancer drug patent. This comes at an interesting time, as a recent report by I-MAK suggests that US-based Biopharma Company AbbVie might be attempting to build a patent wall around Imbruvica (Ibrutinib’s market brand), having secured 88 patents out of 165 applications filed. Imbruvica currently generates a whopping $4.5 billion a year for AbbVie. In India, Pharmacyclics LLC (owned by AbbVie) had…


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Copyright Innovation Others Patent Trademark

SpicyIP Weekly Review (September 7 – 13)


Topical Highlight When Covid-19 Shuttered Cinema Halls!: Should Producers Share Royalties from OTT Release of Films? In a guest post, Tanvi Sehgal weighs in on the impact of the COVID-19 induced shift from theatrical release of films to OTT release on the producers’ share of earnings. She explains how the pandemic shutting down movie theatres for such a long duration has forced producers to release their movies on OTT platforms such as Netflix, Amazon Prime and Hotstar. According to her, movies…


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Innovation Trademark

Store Layouts: The New Trademark on the Block


With the development of innovative methods of brand-image building, there has been a proliferation of non-conventional trademarks. After colour, sound, scent marks and the like, proprietors are now seeking to trademark ‘layouts’ of stores and service outlets. These marks are different from architectural trademarks, the first of which in India were registered for the Taj Mahal Palace Hotel (discussed in detail here) and the BSE Building, both situated in Mumbai. While these protect the image of the buildings’ exteriors as…


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Trademark

Patanjali’s Coronil Trademark: The Dilemma of Dilution


Recently, the Madras High Court restrained Patanjali from using the word ‘Coronil’ on its immunity-booster tablets (Arun has discussed the order, here). Soon afterwards, Patanjali obtained a stay on the order from a Division Bench, arguing that ‘coronil’ is a generic term derived from coronavirus and used by nearly 191 companies right now, and the vast difference between their product and the plaintiff’s ensures that there is no likelihood of confusion between them. This is a reasonable decision, since the…


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Copyright Others Patent Trademark

SpicyIP Weekly Review (August 17 – 23)


Topical Highlight Lootcase, Copyright and Last Minute Injunctions: A Failed Attempt towards Overprotection Nikhil discussed the recent case of Vinay Vats v. Fox Star Studios India, wherein the Delhi HC rejected the plaintiff’s request for interim injunction a day before the release of the defendants’ movie ‘Lootcase’, which was alleged to be infringing the copyright in the plaintiff’s movie, ‘Tukkaa Fitt’. He agrees with the court’s reasoning, explaining that the two movies are only similar so far as they revolve around a stolen…


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