Inika Charles

Inika is a fourth year student at National Law University, Jodhpur, and is on the founding Board of Editors of the Journal of Intellectual Property Studies. She has a strong interest in Intellectual Property, and is fascinated with the intersection of IP with Technology and Media law. Annoyingly insistent that you pronounce her name right, (Eye-nika); she's an avid football fan, and is very appreciative of dark humour and Game of Thrones theories. You can contact her at [email protected], or on Twitter: @inikacharles

Trademark

Trademark Protection amidst the Jolly LLB 2/Bata Controversy


  The State v. Jolly LLB 2 (“Jolly LLB 2”) isn’t having an entrance as cheerful as one would expect from its title, as it seems to have found itself in the middle of several legal issues. While their run in with the censor board was recently resolved, I will be focusing on the question of trademark disparagement, infringement and dilution with regards to their spat with Bata. Background Although the Central Board of Film Certification (“CBFC”) had cleared Jolly…


Read More »
Copyright

Sony Music v. Raj TV: Reading between the Lines


On the 12th of December, 2016, the Madras High Court passed a brief order in the case of Sony Music Entertainment India Pvt. Ltd. v. Raj Television Network Ltd. (read the order here). The Court restrained Raj TV from using the sound recordings and images owned by Sony, as well as synchronizing Sony’s underlying musical and literary works with visuals to create cinematographic films. While the order doesn’t go into the specifics of the factual background, Sony Music filed this…


Read More »
Trademark

The Flintobox Story: Of Amazon’s ‘Automated Keywords’ and Google’s Adword Policy


Flintobox, a Chennai-based startup that focuses on child development, is a name that has been buzzing around the news recently. On the 19th of December, 2016, Arunprasad Durairaj, one of the founders of Flintobox, uploaded a blog post that turned into a social media campaign within a couple of days. He shared their conflict with Amazon and Google with regard to Amazon’s use of adwords that mirrored Flintobox’s registered trademark. Such use resulted in directing away traffic that was presumably…


Read More »
Others

SpicyIP Weekly Review (January, 1-7)


First things first – we at SpicyIP wish our readers a wonderful year ahead! Our topical highlight of the week is our coverage of the landmark first decision to deal with Summary Judgements under Order 13A of the Civil Procedure Code – by the Delhi High Court in the case of Bright Enterprises Private Ltd. & Anr. v. MJ Bizcraft LLP & Anr. I first summarize the facts of the case, before listing the highlights of the order: The Court stressed…


Read More »
Others Trademark

Delhi HC Passes Landmark First Order on Summary Judgement Proceedings Under Order 13A of the CPC


In a succinct and very well written order, Justices Badar Durrez Ahmed and Ashutosh Kumar of the Delhi High Court delivered the first ever decision to interpret Summary Judgement Proceedings under Order 13A of the Civil Procedure Code (‘CPC’). Passed on the 4th of January, 2016 – this case: Bright Enterprises Private Ltd. & Anr. v. MJ Bizcraft LLP & Anr. (read the order here) was originally instituted to claim a permanent injunction restraining inter alia trademark infringement and dilution…


Read More »
Trademark

Delhi HC Overrules AAR Formula One Decision on Incidental Trademark Use


In Formula One World Championship Limited v. Commissioner of Income Tax (the order is available here), the Delhi High Court on the 30th of August this year, overruled an order of the Authority for Advance Ruling (‘AAR’) on the incidental usage of the trademarks and logos owned by Formula One Licensing B.V. by Jaypee Sports Limited (‘Jaypee’) in the organisation and promotion of the Formula One Grand Prix in India (‘Grand Prix’). The Grand Prix, that saw three editions in…


Read More »
Others

SpicyIP Weekly Review (December 4-10)


At the outset, our apologies for the slightly delayed review! Our topical highlight of the week is Rajiv’s excellent  post on Samsung’s favourable ruling against Apple from the U.S Supreme Court. He notes that in a crisp, 10 page, and unanimous order, the Court overruled the Federal Circuit decision, holding that an “article of manufacture” need not be the end product, as was argued by Apple, and instead agreed with Samsung, holding that it could be an intermediate product. In…


Read More »
Copyright

‘Hey, Excuse me, Mr. Kandasamy’ – Madras HC Rules on Copyright Infringement of Song Lyrics


On the 30th of September, 2016 – the Madras High Court passed a significant order on the copyright infringement of song lyrics in Susi Ganesan & Others v. Elango (the order is available here). Warning: long post ahead! Factual Background The Defendant, both an advocate practicing in the Madras High Court as well as a Tamil Lyricist, was hired by the Plaintiffs to compose the lyrics of a song titled ‘Hey, Excuse me, Mr. Kandasamy’ for their film ‘Kandasamy’. In accordance…


Read More »
Biological Diversity

Bombay and Uttarakhand High Courts Clarify Points on Benefit Sharing under the Biological Diversity Act


Two recent orders from the High Courts of Bombay and Uttarakhand raise jurisdictional and substantive points relating to the benefit sharing mechanism provided for under the Biological Diversity Act, 2002 (‘BDA’) along with the Biodiversity Rules, 2004. Both cases discuss the alternative of taking the cases at hand to the National Green Tribunal (‘NGT’) instead, and examine its jurisdictional powers. Regular readers of the blog will recall our previous posts on the topic, but read here and here for some…


Read More »
Others

SpicyIP Weekly Review (October 23 -29)


This week’s topical highlight is Balaji’s coverage of an MCI Notification that amended the  Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 to effectively make it mandatory for doctors to prescribe generic drugs, and preferably in capital letters. Balaji notes numerous unsuccessful approaches in the past to mandate generic prescription, that failed due to varying reasons such as concerns of drug quality, and the unavailability of generic drugs. He then effectively summarises the prospects for the implementation of…


Read More »