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

Sunil Mittal v. Darzi on Call: Of Translations and Descriptive Trademarks


On the 19th of April, 2017, the Delhi High Court passed an order in Sunil Mittal v. Darzi on Call, the order for which is available here. This case is very interesting for two reasons: First: The Court clarifies the law on descriptive trademarks – dealing with the fascinating case of the trademark status of a translation of a descriptive term. Second, the Court also expounds on the law on trademark squatting. Factual Background The Plaintiff’s, Mr. Sunil Mittal and…


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Others

SpicyIP Weekly Review (April 16-22)


Our topical highlight is Prateek’s post on a recent Delhi High Court order that restricts the unauthorised broadcasting / transmission of the Indian Premier League 2017. Sony had approached the Court, fearing that multi system operators / local cable operators such as the Defendants would broadcast IPL without a license, which the Court accepted and consequentially passed an ex parte ad interim injunction for any unauthorised broadcast. The Court additionally appointed Mr. Jamal Akhtar and Ms. Hamsini Shankar as Local…


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Trademark

Real Milk, Real Ice Cream? Amul’s Advertisement Alleged to be Disparaging in Bombay HC


Amul, known for their quirky and contemporary advertising, seem to have found themselves in trouble over this recent advertisement (picture on the left) that compares them to other ‘frozen dessert’ companies. The advertisement claims that while they use ‘real milk’ to make ‘real ice cream’, other ‘frozen dessert’ companies use Vanaspati oil. As reported by Livemint, Hindustan Unilever Limited (HUL), and Vadilal have taken Gujarat Cooperative Milk Marketing Federation Limited (GCMMF) to  Court, claiming that this Amul advertisement by GCMMF…


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Copyright

IPRS Undergoes Management Change – Javed Akhtar and Achille Forler Brought on Board


In a huge development, the Indian Performing Right Society (IPRS) has appointed poet, scriptwriter and lyricist Javed Akhtar as their chairman; and copyright administrator Achille Forler as a Permanent Advisor to the Board. This is largely being seen as a positive development, as IPRS has been in the spotlight not only for their validity as a copyright society, but also for allegations of mismanagement and the lack of transparency. As Prashant notes, allegations against the IPRS management date back to…


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Patent

Delhi HC Seeks Explanation for Denial of Xtandi Patent


The Delhi High Court passed a pertinent order on 2nd March, 2017 in the case of The Regents of the University of California v. Union of India (read the order here). While the order does not go into details, and merely directs the counter-affidavit to be filed within four weeks, media reports indicate that the Court has asked the Centre to explain on what basis the Indian Patent Office rejected the University’s patent application for Xtandi, their prostate cancer drug….


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Trademark

Bombay HC Full Bench Rules on the Interplay Between Sections 29(4) and 29(5) of the TM Act – Part I


A Full Bench of the Bombay High Court, consisting of Justices A.S. Oka, A.A. Sayed and A.S. Gadkari pronounced their decision in the matter of Cipla Limited v. M/s Cipla Indsutries Pvt. Ltd. on March 1, 2017 (read the order here). This decision is of extreme importance as the Honourable Chief Justice directed that the matter be placed before a Full Bench, following Justice Patel’s recommendation that the 2010 Division Bench (‘DB’) Decision in Raymond Limited v. Raymond Pharmaceuticals (‘Raymond’)…


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Trademark

Bombay HC Full Bench Rules on the Interplay Between Sections 29(4) and 29(5) of the TM Act – Part II


While Part I was concerned with the background to this dispute, this post concentrates on the reasoning of the Full Bench, as well as analyses its jurisprudential impact. Holding of the Court The Court held that the plain language used in sub-sections (4) and (5) answered the questions at hand. It was noted that 29(4) uses the words “in the course of trade” and “in relation to goods and services” which were absent in 29(5). Conversely, “as his trade name…


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Copyright

Copyright-ing Fictional Characters: Bombay HC Permits Release of ‘Rangoon’


There is an interesting copyright dispute brewing at the Bombay High Court over the newly released movie ‘Rangoon’. Wadia Movietone Pvt. Ltd. (Wadia) filed a suit against the director of the movie, Vishal Bhardwaj for alleged copyright infringement regarding his new film, Rangoon. Unfortunately, the order uploaded onto the Bombay High Court website does not go into the factual background, or the arguments made by the parties, but permits the conditional release of Rangoon. Justice K.R. Shriram stated that while…


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Others

SpicyIP Weekly Review (February 26 – March 4)


Starting off the week, Pankhuri brought us a reminder on the upcoming deadline for the SpicyIP Fellowship 2017-18. Applications close in five days (the 10th of March), and please refer to her post for all relevant details on the Fellowship. Our highlight of the week is Prateek’s detailed six-part post on a series of European cases that deal with shape and functional trademarks: In Part I, Prateek introduced his six-part series by first, reproducing Indian and European law on the…


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Copyright

Printing the Bhagavad Gita: Copyright Protection of Translations


The Bombay High Court recently passed an interim injunction to restrain publication of a translated version of the Bhagavad Gita by Thomson Press. (Read the order here). The Bhaktivedanta Book Trust (“BBT’) claimed copyright in Srimad Bhagvatam, a translated, reprinted version of the Bhagavad Gita. BBT contested that Thomson Press had reprinted a ‘classic’ version of Srimad Bhagvatam, a translation in which they held copyright. Further, they argued that there was no license agreement for the publication of this and…


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