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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.

SpicyIP Weekly Review (May 4th Week)


SpicyIP saw a very busy week with many interesting developments – Image from here The week started with Sai’s insightful post on Microsoft v Motorola. The 207 page judgment of Judge James L Robart on fixing the FRAND (fair, reasonable and non-discriminatory) royalty rate, is significant as its sets out, for the first time, a framework for negotiating a FRAND royalty rate. The opinion adequately addresses the problems of patent hold-up and royalty stacking plaguing the industry and has been…


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Comparative Advertising Trademark

Comparative Advertising: Delhi HC (SAFFOLA v. FORTUNE)


Image from here The plaintiff and defendant both sell cooking oil under the brand names SAFFOLA and FORTUNE respectively. SAFFOLA oil contains Refined Rice Bran Oil (RBO) and other oils. FORTUNE oil is claimed to be composed only of RBO. The plaintiff, Marico Ltd., filed two suits for permanent injunction restraining the defendant from broadcasting, printing and publishing advertisements of its product- FORTUNE that allegedly disparaged the goodwill and reputation of the plaintiff’s product- SAFFOLA. The plaintiff’s primary grievance was…


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Copyright

SpicyIP Tidbit: Update on Zanjeer and Bombay Talkies


Image from here The copyright dispute between authors Salim Khan/Javed Akhtar and producers Sumeet/Puneet Mehra and Ors. (defendants) over the remake of Zanjeer progresses with the defendants giving an undertaking to the Bombay High Court, on May 3, 2013, stating that the remade Zanjeer will not be released before 30/6/13.  Meanwhile, as reported here, another scriptwriter appealed to the Bombay High Court claiming that one of the directors of the film Bombay Talkies had stolen his story. He asked the…


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Copyright

SpicyIP Tidbit: SC stays release of Zanjeer 2.0


Image from here As blogged about here, the Bombay HC had allowed Amit Mehra to go ahead with the production and release of the remade Zanjeer. Against this order, an SLP was filed by Sumeet and Puneet Mehra. Yesterday, the Supreme Court ordered a stay on the release of the film. It appears from this report, that the order of stay will continue till the arbitration between the two parties is completed. The court also directed the arbitrator to expedite…


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Copyright

Nautanki Saala: interim relief rejected by the Bombay HC


Image from here On April 10, 2013  S.J.Kathawalla, J. dismissed an application for restraining the release of the movie Naukanti Saala (the move released today!)  Scriptwriter Radhey Shayam (who wrote the script for the movie Dastoor) applied for this injunction on the ground that Ramesh Sippy Entertainment Pvt. Ltd (defendants) had violated his copyright in his script of ‘Dastoor’.  He claimed that the defendants had used his story in making the film Nautanki Saala. However,  he was not able to…


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Copyright

Zanjeer Battle Continues: Scriptwriters Javed Akhtar and Salim Khan Reach the Bombay HC


Image from here Javed Akhtar and Salim Khan the scriptwriters of the original Zanjeer have moved the Bombay High Court against Sumeet Mehra and others/. As reported, the authors claim that they had allowed Prakash Mehra Productions (PMP) (Sumeet and Puneet Mehra were named the heirs to this production company) only to a one-time use of their script i.e. in making the original Zanjeer and had not authorized any reuse of the same. They also contend that since they retained…


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SpicyIP Weekly Review (April- Week 1)


SpicyIP Posts Image from here The week started with Rajiv informing us about the new online certificate course on IP offered by the FICCI. For more see here.  This was followed by my post on the Bombay HC’s ruling in the Zanjeer remake controversy. The court has conditionally allowed the producer of the remade Zanjeer (Amit Mehra) to proceed with making of the film. However, its release is contingent on the final outcome of the on-going arbitration proceedings. The court…


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Copyright

Court Stays the Screeening of Ketan Mehta’s Film


Image from here As reported here, Ketan Mehta’s attempt to convert Dashrath Manjhi’s life story into a movie has hit a road block as the screening of the film has been stayed by the Civil Court of Patna due to a suit filed by filmmaker Dhananjay Kapoor.  Dashrath Manjhi’s or the ‘mountain breaker’ is famed to have hammered through a hillock with a chisel (it took him 22 years). This endeavor was carried out by him for his beloved wife.  Reports…


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Copyright

Bombay HC rules on Zanjeer Controversy


As previously blogged (here and here), the judgment in respect of the Arbitration Petition in the Zanjeer remake controversy was pronounced yesterday (available here). The matter was between Adai Mehra Production Pvt. Ltd. (‘petitioner’/‘AMPL’) and Sumeet and Puneet Mehra (‘respondents’).  Though one of our readers has succinctly summarized the sequence of the dispute (here) a brief perusal of the relevant background is as follows –  The petitioner entered into co-production agreement with Fly Turtle Films for the production of the…


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EU gaining a double benefit: Free Trade and GI protection


Image from here The EU-India Free Trade Agreement is under the scanner, as dairy-cooperative Amul has raised concerns regarding the adverse impact of reduced import duties for EU dairy products. The cooperative’s Managing Director has urged the Indian Commerce Minister to desist from accepting such terms as they would be detrimental to the interests of Indian farmers and consumers. It is feared that further reduction in import duties would enable the EU to dump subsidized products in the Indian market….


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