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Aparajita Lath

Aparajita graduated from the WB National University of Juridical Sciences, Kolkata. She was formerly an editor of the NUJS Law Review. She is a lawyer based in Bangalore. All views expressed by her on the blog are her personal views.

Trademark

IPAB on Descriptive Trademarks


Image from here The present case is Overseas Pvt. Ltd. v KRBL Ltd and Anr. The applicants sought to remove the respondent’s registered trade mark ‘BEMISAL’ (868081/class 30). The said mark has been registered in respect of rice as a “proposed to be used” trade mark. A prayer for stay under S. 95 from giving effect to the mark was also asked for. The IPAB denied removal and held in favour of the respondent’s descriptive mark.  The applicant contended: •…


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Others

Part II: IPAB’s Power to Grant Interim Orders


INTERIM ORDERS Provisions:  Section 95 of the Trade Marks Act, 1999 deals with conditions as to making of interim orders, and it reads as follows:“Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or any other manner) shall be made on, or in any proceedings relating to, an appeal unless: […]”  Section 92 (2), TM Act, 1999 : ” (2) The Appellate Board shall have, for the purpose of discharging its functions…


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Others

Part I: IPAB’s Power of Review


The IPAB recently decided two important issues – whether it has the power to grant interim reliefs at the application stage and whether it has the power to review its own orders. The Board held that it has both the power to grant interim reliefs as well as the power to review. Both these matters were heard and passed as two separate orders here and here. The members of the Bar acted as intervenors and amici curiae. And as the IPAB put it, they were really ‘friends of the court’. The IPAB also stated that in order to bring uniformity and…


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Copyright

The Marrakesh Miracle: Salient Features of the International Treaty for the Visually Impaired/Print Disabled Persons


Image from here Technology has almost always been light years ahead of the law. We have had technology that could make books available in all sorts of formats for the print disabled/visually impaired, in order to enable them to read, learn and participate in society. However, all these years, the law has inhibited the effective implementation of such technology thereby excluding 285 million visually impaired people (majority of which live in developing countries and of which 47 million live in India)…


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Copyright

SpicyIP Tidbit: Update on Om Shanti Om Copyright Dispute


We would like to thank our readers who brought to our notice certain updates with regard to the Om Shanti Om copyright case (here). As informed, the case has been restored as of June 18, 2013. The High Court order restoring the same is available here. Reportedly, the cause for delay in filing evidence and documents was due to certain personal difficulties Monga’s lawyer was facing. The case has been placed for ‘directions’ on July 17, 2013.


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Copyright

Om Shanti Om: Copyright Dispute


 Image from here A suit for copyright infringement, filed by scriptwriter Ajay Monga, in relation to the blockbuster movie ‘Om Shanti Om’ was recently dismissed. For all orders in relation to Ajay Monga v Red Chilli Entertainment Ltd. see here. The plaintiff (Ajay Monga) alleged infringement of his copyright over the script ‘The Silent Movie’. He argued that upon completion of his script he had distributed it to various producers, including the defendants. Subsequently, the defendants released the film…


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SpicyIP Weekly Review (June 4th Week)


Image from here This week SpicyIP brought to its readers very interesting and informative guest posts on recent cases in the US, interesting announcements, insightful and eye opening posts on surveillance by the Central Monitoring System, URL blockings and other legal developments.  Anubha brought to our readers a very interesting piece of news akin to USA’s PRISM project happening in India. The Indian government is in the process of setting up a Central Monitoring System which will provide security agencies…


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Copyright

Copyright Hiccup: Madras High Court allows release of Thillu Mullu 2


Image from here First Bollywood, now Kollywood scriptwriters have started making use of the copyright act to restrain release of remakes based on claims of authorship of original scripts. Whether these claims turn out to be true is still to be seen but most claims have been unsuccessful at the interim injunction stage thereby failing to prevent release of the films (e.g. Bombay Talkies, Nautanki Saala, Chashme Budoor).  In Kollywood, Thillu Mullu-2, starring Shiva, Prakash Raj, Santhanam and Isha Talwar,…


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Decriminalizing Defamation – Are Sections 499/500 of the IPC constitutional?


Sending a person to JAIL or even tagging him as an ‘ACCUSED’ for comments which may or may not be defamatory, in this day and age, appears to be ridiculous!  We are all aware that freedom of speech and expression is not absolute and is subject to ‘reasonable’ restrictions. Defamatory speech is one such restriction prescribed under the constitution. Therefore, in order to curb speech that is defamatory, the restriction imposed should be ‘reasonable’. In the case of Chintaman Rao…


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Trademark

Haldiram Bhujiawala: IPAB Order


Image from here The IPAB on April 26, 2013 ordered for the removal of trademark registration made in favour of Kolkata based – Haldiram Bhujiawala. This order ended a long standing family dispute over the use of the trademark Haldiram Bhujiawala. (for IPAB order see here).  Factual Matrix  The trademark ‘Haldiram Bhujiawala’ was coined in the year 1941 by Mr. Ganga Bishan (whose nickname was Haldiram), for his business – the manufacture and sale of sweets, papads etc. Initially, the…


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