Balu Nair

Balu Nair

Balu is a graduate of the WB National University of Juridical Sciences and currently an LL.M. candidate at the Melbourne Law School. He can be reached at [email protected]

Trademark

The Big Mc-Mac Wars- II: India not Lovin’ McDonald’s as much


(This post has been co-authored by Pankhuri Agarwal. She has recently completed her LL.M. in IP law from the National University of Singapore) In Part I of this post, we had discussed the EU General Court’s recent judgment in Future Enterprises Pte Ltd v. EUIPO & McDonald’s International Property Co. Ltd, which upheld the  cancellation of the mark ‘MACCOFFEE’ registered by a Singapore company, Future Enterprises, for its food stuffs and beverages. It was found that use of ‘MACCOFEE’ was without due cause…


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Uncategorized

Update on Microsoft’s run in with Bombay HC: Microsoft to enter into consent terms


Earlier this week, Prashant had reported about Microsoft getting pulled up by Justice Gautam Patel of the Bombay High Court for misleading him into granting in an Anton Piller order. Readers may recall that Microsoft was chastised for its “false suggestions” and “gross suppression” in its pleadings to the Court in the case, which involved an allegation of illegal use of Microsoft’s software by the Defendant, Girnar Software Pvt Ltd in its computer systems. The Court had then given Microsoft…


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Trademark

The Big Mc-Mac Wars- I: EU General Court Brews the Perfect Coffee for McDonald’s


(This post has been co-authored by Pankhuri Agarwal. She has recently completed her LL.M. in IP law from the National University of Singapore)   Background In a ruling that potentially provides McDonald’s, the U.S. fast food giant, with the exclusive right in Europe Union (EU) over the use of trademarks ‘Mc’ and ‘Mac’ for food  and beverages, the EU General Court, in Future Enterprises Pte Ltd v. EUIPO & McDonald’s International Property Co. Ltd, has earlier this month held that…


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Patent

Apple granted patent for system that can block recording


In a development that could have wide ramifications for free speech, Apple was granted a patent at the end of last month for a system that enables blocking of both still and video recording.  According to the details given on the USPTO website, the patent is titled as “systems and methods for receiving infrared data with a camera designed to detect images based on visible light”. The system is described as relating to infrared data transmission and is envisaged to…


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Uncategorized

Call for empanelment of facilitators- Scheme for Facilitating Start Ups Intellectual Property Protection (SIPP)


Background Earlier this year, the Government of India had come out with an Action Plan for its flagship ‘Start-Up India’ initiative. The initiative is aimed at building “a strong ecosystem for nurturing innovation and Startups in the country that will drive sustainable economic growth and generate large scale employment opportunities.” Under the Action Plan, a number of key ‘Action Points’ are provided for, which are aimed at realising the objective of the initiative. Among these, Action Point 4 provides for…


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Copyright

Is obscurity a greater risk than piracy?


    What better time to take up this debate than now when Anurag Kashyap, the director of Udta Punjab, has himself said that he does not care two hoots about the movie being downloaded online once the movie releases in the cinemas. Though he has urged everyone to desist from torrenting the movie till it is released (for wholly unrelated reasons), he made it clear that he is not in any way against the downloading of movies online and…


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Uncategorized

SpicyIP Weekly Review (11 June-18 June)


As to the Highlight of the Week, we were hard pressed to choose a winner and have a tie between Professor Shamnad Basheer’s timely and hard hitting take on the need to distinguish the merit of a judgement from its length and Balaji Subramanian’s stellar two part post on the constitutionality of state laws that criminalise copyright infringement. The week got off to a flying start with the excellent post by Professor Basheer, originally carried in the Wire, on the…


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Copyright

The not so happy stories e-books tell you


The rise of e-books in the past decade or so has brought about path breaking changes in the preferences of readers as well as in the way publishing industry does business with authors and end customers. Moreover, their rise has re-modelled many of the conventional practices one associates with the publication and sale of a book. An instance of this is highlighted in a recent post on techdirt.com, which points out the lack of transparency, in the payment of royalty…


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