Copyright

Del HC hits a sixer: The Boundaries of Copyright and Cricket


Our friends at Medianama have pointed us in the direction of one of the most superbly analysed IP judgments that I have read in a long time – Star India v. Piyush Agarwal (and other connected matters) The facts of the case are simple. Star India broadcasts matches organized by the Board of Control for Cricket in India (BCCI). The defendants update their subscribers with the score and fall of wickets through text messages (SMSes).  The Plaintiffs claim they have the…


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SpicyIP Weekly Review (November Week 3)


With the country celebrating Diwali on 13 November, there have been a spate of public and Court holidays and as a result a much quieter week on the IP front. Prashant started us off by doing this very interesting analytical post on the treatment of patients with Hepatitis C with Pegasys. Questioning the small percentage of patients who actually could afford the high price of the drug, Prashant suggests that the business model of innovator companies may need to be…


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Copyright Innovation Patent Trademark

3D Printing: Are we ready?


For those who don’t know what 3D printing is, it is an understatement for me to say that you have probably missed out on hearing about this decade’s (dare I say century’s?) biggest innovation and invention. There are printers that print images 3D to the eye. But this is not what people normally refer to as 3D Printers. Put very simply, 3D Printers take images and virtual designs made using computer software and then produce physical 3D objects based on these…


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Add a disclaimer says Supreme Court: Bata has happy feet


Every time a lawyer (or in this case, a blogging spectator) predicts how a case will proceed, you usually cross your fingers and hope you’re right. In the case of Bata v. Prakash Jha Productions, I had said I would be surprised if Bata went to the Supreme Court or if the SLP would be admitted. I was wrong on the former count, and right on the latter.  But the SLP did not need to be admitted because in this…


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Bata sho(o)ed out of Court – No defamation says Delhi HC


Warning, several intended shoe puns have been weaved into this post. Recently, Justice Gambhir of the Delhi High Court in an extensive decision (of about 70 pages) held that the use of the word Bata in the song Mehangai in Prakash Jha’s new movie Chakravyuh was impermissible. In record time, this judgment has been overruled by the Division Bench of the Delhi High Court and Bata has been booted out of court. The Bench through presiding judge, Justice Nandrajog has made some rather…


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Drug Regulation Patent

Ever participated in a clinical trial? Perhaps.


The Supreme Court recently came down very heavily on the government about the lack of transparency in the manner in which clinical trials are conducted in our country. These observations were made during the hearing of a PIL (which the Supreme Court seems to be entertaining in increasing numbers!) filed by an NGO from Madhya Pradesh. For the section of our readers unfamiliar with what clinical trials are and how they work, clinical trials are a part of the R&D…


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Copyright Trademark

Oops, the Delhi HC did it again: Claim that they have no jurisdiction for to hear Archie


The Division Bench of the Delhi High Court has once again delivered a judgment interpreting the interplay between Section 134 (2) of the TM Act/ 62(2) of the Copyright Act vis-a-vis Section 20 of the Code of Civil Procedure. The case, Archie Comic Publications Inc. v. Purple Creations was decided through a judgment of Justice Mukta Gupta and Justice Vikramjit Sen. The facts in this case are as straightforward as they come: i. Archie applied for registration in India under…


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SpicyIP Tidbit: Hyderabadi Haleem gets dubious GI tag


From my own hometown [:-)], the famous- and extremely yummy- Hyderabadi Haleem has now been recognised as a Geographical Indication. Now, while noone who has eaten Haleem will deny its unfailing quality to make the mouth water, this GI tag is already under some scrutiny. One of our regular commentators/content providers, Mr. RS Praveen Raj, in this report of The Hindu, has said that just like the Tirupati Laddu, the Hyderabadi Haleem perhaps is not worthy of a GI Tag,…


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Copyright Trademark

Bombay HC discusses ‘Variety’ of Essential Ingredients in TM Infringement Action


The Bombay High Court through Justice Vazifdar had in November, delivered this excellent decision relating to the ingredients necessary to be proved for any case of infringement and passing off of Trademarks and Copyright. The mark in question here was the stylized logo “Variety” used famously by international publication Reed Elsevier for their entertainment related magazine Variety. The Variety logo as seen on their website here is described to include a flying “V”, and this distinctive feature was allegedly used…


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Trademark

SpicyIP Tidbit: TM Registry to be better staffed


Soon the Trade Marks Registry will no longer be over worked/ over burdened with the excessive backlog of applications. Bar and Bench reports that to tackle the “backlog of about one lakh contested matters awaiting adjudication as of June 30, 2010″… “the Trademark registry has decided to engage [around 40] qualified retired government officials as Joint Registrar of Trade Marks on contract basis initially upto March 31, 2012.” (Image from here) The minimum eligibility criteria to apply for these positions…


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