Copyright COVID-19 Patent Sponsored Trademark

SpicyIP Weekly Review (June 14- 21)


Topical Highlight Singh & Singh Strikes to become King… Again: Trademark Infringement, but from Canada? In this post, Adyasha analyses the recent Delhi High Court order temporarily restraining the Canada-based law firm, ‘Singh + Singh Lawyers LLP’ (‘S&S Canada’) from infringing the trademark of the reputed Indian law firm, ‘Singh & Singh Law firm LLP’ (‘S&S India’). She first summarises the contentions of the two parties and the court’s reasoning. She highlights that the court failed to look at the…


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Trademark

Kerala and Karnataka Tussle Over the ‘KSRTC’ Mark: Registrability, Concurrent Use, and Infringement


KSRTC Logos used by Kerala and Karnataka

Recently, a rather dormant controversy has been refueled between the states of Karnataka and Kerala regarding the rights over the trademark ‘KSRTC’. This happened when a press statement was released by the office of Kerala Transport Minister Antony Raju stating that the Registrar of Trademarks had decided in their favour. Kerala RTC MD and Transport Secretary, Biju Prabhakar, also stated that this determination implies that Kerala has the exclusive right to use the mark ‘KSRTC’ and that “a notice will…


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Trademark

The Daily Guardian Controversy: News, Misinformation, and a Passing Off Perspective


The Daily Guardian Logo

Recently, a controversy erupted regarding an article shared by many of the prominent leaders of the Bharatiya Janata Party (‘BJP’), praising the hard work of the Prime Minister Narendra Modi and criticising the “opposition’s barbs”. This article was published on a website called ‘The Daily Guardian’. This led many to criticize it as a fake website trying to portray itself as associated with the prominent news agency, ‘The Guardian’. Some have criticised the concerned article to be misinformation (see here)….


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Copyright COVID-19 Others Patent Trademark

SpicyIP Weekly Review (May 31 – June 6)


Topical Highlight Phone Pe v. Bharat Pe: Whether Vernacular Wordplay Can Save from Being Labelled Generic? In this guest post, Devangini responds to an earlier guest post on the Delhi High Court’s recent interim injunction order in Phone Pe v. Bharat Pe trademark dispute. She first summarises the history of the case, the arguments, and the court’s holding. She critiques the court’s reliance on the Delhi High Court case of Marico v. Agrotech to deny the plaintiff’s claim on two…


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Copyright COVID-19 Trademark

SpicyIP Weekly Review (May 24 – 30)


NUALS’ 7th CIPR National Essay Writing Competition [Submit by July 4] We informed the readers about an essay competition being organized by the Centre for Intellectual Property Rights, National University of Advanced Legal Studies, Kochi for law students on the theme ‘IP & SMEs: Taking Ideas to Market’. The submission deadline for the competition is July 4, 2021. For further details including submission guidelines and eligibility, please refer to the post.   Book Launch Webinar: ‘The Protection of Intellectual Property…


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Copyright Overlaps in IP Trademark

Special 301 Report 2021: Copyrights, Enforcement, and the Same Old Complaints


The Office of the United States Trade Representative (‘USTR’) recently released its Annual Special 301 Report on Intellectual Property Protection (‘Report’). To borrow Swaraj’s description of an earlier Report, the Special 301 Report “is a unilateral measure taken by the USTR which essentially ranks countries according to how much the US appreciates their IP regimes, and this is used as a kind of [political] ‘shaming’ mechanism to coerce countries into ‘strengthening’ their IP regimes to match the TRIPS-plus standards that…


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COVID-19 Trademark

Bombay HC Rejects Injunction Plea in Passing Off Action against Serum Institute of India for the ‘Covishield’ Mark


Recently, a Nanded-based pharmaceutical company, Cutis Biotech (‘Cutis’), had filed a passing off suit against Serum Institute of India (‘SII’) for the use of the mark ‘Covishield’. SII has been using the mark for the vaccines manufactured by it while Cutis has been using it for its products such as sanitisers and disinfectants. We had earlier informed our readers about the initial suit filed by Cutis in the Nanded District Court. The suit was subsequently filed in a Pune commercial…


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Copyright Patent Trademark

SpicyIP Weekly Review (April 26- May 2)


Topical Highlight Supreme Court Weighs in on the Crisis: Vaccine Price Equity, Compulsory Licensing and Free Speech Online In this post, Adyasha analyses the recent proceedings in the suo motu case taken up by the Supreme Court regarding matters concerning the Covid-19 pandemic. She first discusses the concerns regarding the pricing of vaccines and notes that the court asked the right questions from the Central Government as to the differential pricing for the Centre and other entities, deviation from the…


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Copyright Privacy Trademark

Vote for Enjoy Enjaami?: Elections, Parody Songs, and IP


It is a common practice for political parties to utilise songs, either original or non-original, as part of their election campaigns. Like most other things in life though, politicians have frequently thought themselves above the law when it comes to asking for permissions for using copyrighted songs! It has led to protests in countries such as the United States by artists against political usage of their music. A prominent controversy involving Rihanna’s objection to Donald Trump using her songs at…


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Copyright

Copyright Rules Amendment 2021: Appellate Board, Copyright Societies, and More


The Central Government recently notified the Copyright (Amendment) Rules, 2021 (the ‘amendments’) on March 30, amending the Copyright Rules, 2013. Notably, around 2 years back, on May 30, 2019, a draft of these amendments was released for public comments. The amendments build upon this draft and reflect some similar changes as the draft, but at the same time they differ from the draft in several substantive aspects. In this post, I shall highlight the key implications of the 2021 amendments…


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