Nikhil Purohit

SpicyIP Weekly Review (August 10 – 16)

August 17, 2020 / By Nikhil Purohit / Design, Others, Patent, Trademark

Topical Highlights Breaking News: Controller General’s Office Agrees with Our Petition for Scrapping the Intellectual Property Appellate Board In this post, Prashant reports on a petition he had submitted to the Ministry of Commerce along with Rahul Bajaj, asking it to consider shutting down the Intellectual Property Appellate Board (‘IPAB’). As seen from a file-noting of the Ministry accessed through RTI, the office of the Controller General of Patents, Designs and Trademarks has agreed with most of their contentions. Prashant […]

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The Dilemma of Graphical User Interfaces: A Need to Rethink Design Protection?

August 10, 2020 / By Nikhil Purohit / Design

In the previous post I had covered a specific element of the issues touched upon by the similarities in the interface of JioMeet and Zoom, that of possibility of a non-literal copying. While Zoom’s Graphical User Interface (‘GUI’) is not a registered design, the incident also rekindles the debate on the Indian position on GUI protection under its design laws. In this post, I seek to analyse the Designs Act, 2000, to argue that GUIs should be protected under the

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Budweiser’s Trademark Infringement and Disparagement Claim: Nipping Satire in the Bud?

August 6, 2020 / By Nikhil Purohit / Others, Trademark

Budweiser recently filed a suit before the Delhi High Court against the defendants on grounds such as infringement of its trademark, unfair competition and commercial disparagement, and dilution and tarnishment of its goodwill and reputation. In an ex parte proceeding, the court held in Budweiser’s favour finding a prima facie ‘infringement of plaintiff’s registered mark ‘Budweiser’ and also amounting to commercial disparagement of the plaintiff’s products’. In this piece, I dissect this interim order and argue that it is completely

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Delhi High Court’s Dynamic Injunction in Favour of Disney: An Unclear and Overbroad Exercise?

August 3, 2020 / By Nikhil Purohit / Copyright

Recently, in a suit filed by Disney for protection of its copyrighted content, the Delhi High Court granted the interim relief in its favour. As aptly described in the order, Disney is ‘in the business of creation, production and distribution of motion pictures/cinematograph films.’ It filed the impugned suit against certain ‘rogue’ websites that were illegally making its copyrighted content available on their platforms. Through the injunction, the court has restrained the ‘rogue’ websites arrayed as defendants in the suit,

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Does JioMeet’s GUI Infringe Copyright in Zoom’s Software?

Recently, Reliance Jio launched its video-conferencing application called ‘JioMeet’. The launch, however, has been muddled with controversy as the graphical user interface (‘GUI’) of the application is considerably similar to its competitor ‘Zoom’. In a recent statement, Zoom has mentioned that it is discussing with its legal team and is contemplating a possible suit for such copying of its interface. If the dispute does end up reaching the courts, it would be India’s first major litigation addressing the issue of

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Copyright ‘Strikes’ Cricket: Films Division’s Tryst with Old Cricket Clips

The Films Division of India (‘Films Division’) holds copyright in a large number of old clips pertaining to cricket, primarily in form of newsreels or short documentaries about some series or events. As per his interview with The Hindu, a cricket fan Mr. Jairaj Galagali ordered these clips, after much bureaucratic hassle, upon making the required payments for the same. He subsequently uploaded these clips on his YouTube channel. In his videos, alongside the clips, he used to provide a social

Author name: Nikhil Purohit