Trademark

SCOTUS Grants ‘Booking.com’ Trademark Protection: How Far can Domain Name Trademark Protection Extend?

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Recently, the United States Supreme Court (SCOTUS), in the Booking.com decision held that a generic .com domain name can obtain a trademark registration under certain conditions. With SCOTUS granting limited protection to generic .com domain names, an interesting question arises as to what will happen when there is a trademark dispute between a .com domain name and a .in domain name and if it is now possible for a trademarked generic .com name to block the registration of a generic…


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Copyright Others Patent Trademark

SpicyIP Weekly Review (July 20 – 26)

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Topical Highlight Does JioMeet’s GUI Infringe Copyright in Zoom’s Software? Nikhil wrote about the controversy of JioMeet’s GUI infringing Zoom’s software. Addressing the controversy that ensued after JioMeet was released, the issue of non-literal copying of computer software is examined. Nikhil explores the primary considerations that courts would need to address on the issue and the possible outcomes. First, the copyrightability of Zoom’s GUI is analyzed under Section 2(o) and Section 2(ffc) of the Copyright Act. Then, the particular elements…


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Copyright Drug Regulation Others Patent Trademark

SpicyIP Weekly Review (July 6 – 12)

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Topical Highlight Telegram Copyright Infringement Case: India’s Chance to Seek Inspiration from Foreign Principles In a guest post, Abhishek Iyer discussed the issue of intermediary liability in light of the Telegram copyright infringement case. The post first discusses the burden of knowledge with respect to e-notices to understand Telegram’s liability given the requirement of ‘specific and actual knowledge’ of intermediaries with respect to infringement of copyrighted material. The doctrine of inducement used in US Courts is discussed to determine Telegram’s…


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Drug Regulation Patent

DPCO’s Para 32 Conundrum Continues: Price Control Exemptions for Newly Patented Drugs

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Earlier in February, I had written about a petition filed by AIDAN challenging Paragraph 32 of the Drug (Prices Control) Order 2013 (DPCO) and the Drug (Prices Control) Amendment Order, 2019. Para. 32 of the DPCO creates a provision for the exemption of certain drugs from price control. One of the exemptions under Para. 32, brought in through the 2019 amendment, is for ‘new drugs’ patented under the Indian Patents Act, 1970. The latest provision, after the amendment, reads –…


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Comparative Advertising Copyright Others Patent Trademark

SpicyIP Weekly Review (June 22 – 28)

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Topical Highlight To Mock the Corona Word: Disparaging During the Time of Crisis In a post co-authored with Praharsh Gour, Swaraj wrote about disparagement of the famous beer brand ‘Corona’ given its resemblance to the ongoing pandemic in the context of the Cerveciria Modelo De Mexico v. Whiskin Spirits case. Analyzing the order, it is noted that the Court has not recorded its assessment of the advertisement in granting the ex-parte interim injunction. The post goes on to highlight that…


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Copyright Geographical Indication Others Patent Trademark

SpicyIP Weekly Review (June 15 – 21)

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Topical Highlights Dainik Jagran Sues Telegram for Copyright Infringement: Are Platforms or Group Admins Liable for Unlawful Speech on Closed Online Forums? Divij wrote on the matter of Dainik Jagran suing Telegram for copyright infringement for the circulation of ‘e-papers’ through open Telegram Channels. He analyzes the order that granted an interim injunction in the case of Jagran Prakashan Limited v. Telegram that directed Telegram to provide information about the subscribers/ owners of certain Telegram Channels that were allegedly circulating…


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Patent

Why is the Patent Agent Exam Held in Only English? : Addressing the Language Barrier to a More Accessible Patent Regime

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The Government released a public notice for the Patent Agent Examination 2020 sometime in February this year. Around the same time, we received information regarding a grievance to the Prime Minister’s Office on the Patent Agent Exam being conducted only in English and not in Hindi, even though patent applications are allowed to be filed both in English and Hindi. The other issues highlighted in another set of grievances relate to a few discrepancies concerning e-filing of patents in Hindi,…


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Copyright

Bombay HC Denies Interim Injunction in ‘Betaal’ Web Series Copyright Infringement Case

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A single-judge Bombay High Court bench recently passed an order refusing an interim injunction to stall the release of the Netflix series ‘Betaal’. The Plaintiff, in this case, Sameer Wadekar, a writer, sought an ad-interim injunction against Netflix Entertainment Services to prevent them from airing their latest series ‘Betaal’. The Plaintiff claimed that the series infringed the copyright held by him in the literary work in ‘Vetaal’. The order denied an ad-interim injunction to the Plaintiff as he could not…


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COVID-19 Patent

Are Patent Pools an Effective Solution to COVID-19’s IP Barriers?

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The COVID-19 pandemic has in many ways shown the benefits of collaborative research. Data is being released freely almost every day on preprint servers, which is proving to be crucial for understanding the biology of the virus and in the search for possible drugs and vaccinations. Research and discovery of genome structures too, which has traditionally been limited to private institutions is now being publicly shared on platforms such as GISAID to help researchers and scientists work with open access…


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Comparative Advertising Trademark

Same Old Disparagement Story: Delhi HC Grants Interim Injunction Against Lifebuoy Ad

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A single-judge bench of the Delhi High Court recently passed an order granting an interim injunction in the case of Reckitt Benckiser (India) Private Limited v. Hindustan Unilever Limited. The case concerned an allegation of disparagement caused to the Plaintiff’s product Dettol antiseptic liquid by the Defendant’s Lifebuoy soap commercial. After the Plaintiff proved a prima facie case of disparagement, the Court granted an interim injunction restraining the Defendant from airing the advertisement until the final decision in the suit….


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