Divij Joshi

Divij Joshi is a lawyer and tinkers in technology and policy. He tweets @divij_joshi.

Trademark

‘Retroactive Bad Faith’ Gets a Quiet Burial – UDRP Moves Towards Fairer Standards for Domain Registrants


Domain names constitute the signposts for the world wide web, making it possible to navigate the immensity of the internet. Given the transnational nature of the internet and the domain name registration system in particular, it was realized early on in its development that a suitable system must be developed to protect the rights of trademark holders in domain names, to prevent the misuse of brands and secure better consumer protection. Therefore, the ICANN, the apex body responsible for administering…


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Others

SpicyIP Weekly Review (February 25 – March 3)


In case you missed out on this week’s posts at SpicyIP, have no worries, here’s a roundup of the last weeks highlights. Our topical highlight of the week is my post on the Madras HC’s fairly straightforward decision examining film title protection in the context of copyright law. The judgement also deals with the important issue of the scope of protection offered by so-called ‘title registration schemes’ run by film associations, and whether they are effective at all. I recommend…


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Copyright Unfair Competition

Film Title Protection: Madras High Court Rejects Copyright Claim Over Film Title, Holds Trade Association Rules Not Binding on Non-Members


A division bench of the Madras High Court, in its judgement in M/s Lyca Productions v J. Manimaran and Ors, delivered on the 22nd of February, overturned a single bench decision which upheld copyright protection to the title of a film. The judgement is significant not only for its analysis of the scope of copyright protection of film titles, but also for its sound rejection of the original plaintiffs argument that the rules of a trade association should be binding…


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Designs Others

Between a Croc and a Hard Place – Delhi High Court Rejects Interim Protection for Crocs’ Registered Designs


The Delhi High Court, in its judgement in Crocs v Liberty and Ors., on February 8, rejected Crocs Inc.’s applications for interim injunctions against the breach of copyright in their registered design. Mr. Justice Valmiki Mehta disallowed the applications for injunction, finding that Crocs’ designs for its namesake clog-type (see image) sandals were ‘liable to be cancelled’, and imposed substantial compensatory costs on the plaintiff. [TL;DR – Crocs fell short of the Design Act’s requirement that any trade variations to…


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Others

SpicyIP Weekly Review (February 11 – 17)


We’ve had a busy week at the blog this week, with several guest contributors and interesting discussions on our comments threads too. The week’s thematic highlight is Mathews three-part post analyzing Section 31D of the Copyright Act, and criticizing the order of the Punjab and Haryana High Court in ordering the Registrar of Copyrights to exercise power under Section 31D. The first part of the post notes that the IPAB is supposed to function as an independent tribunal, which is…


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Others

SpicyIP Weekly Review (January 28 – February 3)


This week’s thematic highlight was Sreyoshi’s post on the controversy brewing between Indian textile artists and label ‘People Tree’ and the high fashion brand Dior, on what appears to be the copying of the former’s block print and artwork by the latter. The post examines the controversy in light of potential copyright claims that the designers may have and further uses the example to discuss the protection of Traditional Cultural Expressions in the context of cultural appropriation, and why we…


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Copyright Patent Trademark

Government Releases Reports on IPR in India – Focus on Access to Healthcare, Remedies for Piracy


The Centre for IPR Promotion and Management (CIPAM), a body established under the aegis of the Department of Industrial Policy and Promotion (DIPP), to guide policy in IPR and create a conducive environment for IP awareness and enforcement, recently released two documents as an assessment of the Indian IPR regime – Intellectual Property Rights Regime In India- Initiatives by the Government; Intellectual Property Rights Regime In India- An Overview While the first document outlines some important institutional reforms by the…


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Copyright Trademark

Examining the Delhi High Court’s Jurisdictional Quagmire – Part II


In my last post, I examined some recent judgements of the Delhi High Court where the DHC had to grapple with the issue of when jurisdiction should be exercised in cases where a jurisdictional claim rests on an online transaction. As the summary of cases shows, the DHC came to contrary conclusions in cases with very little between them as far as facts are concerned. In this post, I want to identify some of the issues in the DHC’s recent…


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Copyright

God, Sex and Truth – RGV Film in Copyright Row


(This post has been authored by and published on behalf of Sreyoshi Guha) In what can be termed as a rather “spicy” development, Indian film maker Ram Gopal Varma – well known for films such as Aag, Sarkar, etc. has been slapped with a copyright infringement suit, before the City Civil Court, Hyderabad. The controversy is centered on his up-coming movie, “God, Sex And Truth” starring American Adult Film Star, Mia Malkova. Before we get into the specifics of the…


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Copyright Trademark

Examining the Delhi High Court’s Jurisdictional Quagmire on Online Elements – Part I


Over the past few years, the Delhi High Court has had a number of occasions to consider the question of jurisdiction in trademark and copyright cases. One common thread between many of these has been the element of online transactions, where jurisdiction rests on the Court’s interpretation of the impact of online transactions on a traditional jurisdiction analysis. However, despite this element becoming ever more ubiquitous, the jurisprudence around online jurisdiction has become more convoluted. In this post I aim…


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