Others

SpicyIP Weekly Review (July 2-9)


Thematic Highlights: Post Title: Real Ice cream, Real Disparagement: Bombay HC Shuts Down Amul’s Advertisements (Part I and Part II). Author: Sreyoshi Guha Categorization: Comparative Advertising, Trademark  Discussion Points: Attempting to decode a Bombay HC Order, restraining Amul from airing its advertisement (of the real ice cream/vanaspati fame), Sreyoshi discusses the following concepts: i. Whether relief exists against generic disparagement. ii. “Ice Cream“, “Frozen Dessert“, “Vegetable Oils” & “Vanaspati Tel” and the Advertisement running afoul in content, despite being semantically…


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Others

Madras HC’s Seemingly Ad-Hoc Portfolio Allocation & Possible Alternatives


I write to bring you an update regarding the Madras HC portfolio allocation. Furthermore, given the seemingly ad-hoc nature of allocation, we felt it appropriate to use this opportunity to rekindle the discussion surrounding portfolio allocations. But first, the update. The allocation of IP matters, for 1st June onwards, was as follows: Kalaiyarasan J.: IP matters upto the year 2010. Anita Sumanth J.: IP matters from the year 2014. Ravindran J. (V. Parthiban J., in former’s absence): IP matters between…


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Events

The 2nd Korea International Youth Olympiad (KIYO) 4I 2017


I write to bring to your notice an opportunity for students from Class 3 to University Students. We could like to thank the Officer from the Patent Office (wished to remain anonymous) who tipped us regarding the opportunity and suggested distributing the said information for the benefit of interested students. Here is the full update, as reported on ipindia.nic.in (click here to refer to original report): “The 2nd Korea International Youth Olympiad (KIYO) 4I 2017 | Apply now June 05, 2017…


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Others

Controller General’s Office Directs Officers to Desist from Filing RTIs!!!


Around two weeks ago, an Office Memorandum (dated. 18/05/2017), issued by The Office of the Controller General of Patents, Designs and Trade Marks (CG), was brought to our notice. The document caught our attention as it directed officers under the Patent Offices, Trade Marks Registries and offices for GI and RGNIIPM “to desist from taking their personal grievances on other platforms like Ministry, grievance cell or using any other tool like RTI etc., without availing proper administrative remedy, citing non-access…


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Others

SpicyIP Weekly Review(May 28-June 3)


It has been quite a busy and unique week. Busy because of the quantum of output and unique because we had the honour of Justice G.S. Patel, a sitting Bombay HC judge, penning a guest post for us. To make the week sweeter, SpicyIP was listed 8th in the top 100 IP blogs on Feedspot’s website. Thematic Highlight The week’s thematic highlight has to be the exchange between Justice G.S. Patel and Prof. Sarnoff regarding whether copyright protection is content…


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Others

Motion Picture Dist. Association’s Comment #TRAI Consultation Paper


The Motion Picture Distributor’s Association (India) Pvt. Ltd. (MPDA) sent its comments on the TRAI consultation paper on Net Neutrality. Prior to delving into the content of MPDA’s comment, let us quickly acquaint ourselves with some basic information. This is more of a detailed report, rather than an analytical piece. Basic Information TRAI released a “Consultation Paper on Net Neutrality” on 4th January 2017. The paper, essentially, discusses the possible policy regarding management of data flow over the internet. Until…


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Designs Overlaps in IP Trademark

Passing Off and Design Infringement: The Conflict


A few days ago, I had discussed a Bombay HC Order involving Cello and Modware. Justice Patel had provided relief to Cello on account of Cello successfully establishing, prima facie, both passing off and design infringement. Prashant, after reading the piece, put forth the following query: “If the design of the bottle is acting as an indicator of source, doesn’t it follow that it can be registered as a trademark which means it is incapable of being registered as design because it falls…


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Designs Trademark

Cello v. Modware #Design Infringement #Passing Off


I write to bring you an analysis of a Bombay HC Justice Patel Order that discusses passing off and design infringement in a mind-bogglingly interesting context… two water bottles. While being incredibly clear at times, the Order was equally ambiguous at places. I shall point these “ambiguities” out over the course of this piece and would be incredibly grateful if readers could shed some light. All assertions of law I make in this piece have been sourced from Venkateswaran on…


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Trademark

Ajanta Pharma v. Theon Pharmaceuticals #TM Infringement


I write to discuss a recent Bombay HC Justice G.S. Patel Order on trade mark infringement. Though the core reasoning involved is rather straightforward, a few of the questions and arguments raised deserve our attention. Though these aspects might not have been relevant to the final result in the current fact scenario, they are very much relevant in the larger scheme of jurisprudence. Prior to delving into the trickier aspects of the order, let us set aside the less convoluted portion (though…


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Others

SpicyIP Weekly Review (April 23-29)


Thematic Highlights We have three thematic highlights: Mr. Rajiv’s Post critiquing the UK Unwired Planet v. Huawei decision. Inika’s Post on the “Darzi” TM. Prashant’s Post on the constitutionality of the new “Well Known” marks registration procedure. Mr. Rajiv, critiquing the UK High Court of Justice (Patents), covers the following ground: i. After pointing out a large number of details and excerpts, he argues that patent portfolios are antithetical to the FRAND terms and promotion them is problematic on account of limited consistency…


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