Copyright Patent

Basic Case Law Series #1: Baker v. Selden


Introduction to Series This series (“Basic Case Law Series) serves as a precursor to another series in the pipeline (“Essential Framework Series”), wherein I will attempt to provide readers with a framework for understanding Intellectual Property law. But before I can do that, I felt it would be beneficial to: A. Have a repository of case summaries (of significant cases) that I can refer to in broader posts. B. Provide readers with analyses of significant case laws that deal with…


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Others

SpicyIP Weekly Review (August 20-26)


Topical Highlight: Prashant discussed the effect of the recent landmark SC Judgment, that clarified privacy being a fundamental right, on personality rights of celebrities. His discussion points were: i. Brief overview of celebrity rights and passing off. ii. The introduction of celebrity rights and Article 21 privacy claims. (‘Auto-Shankar‘ case) iii. Distinction between horizontal and vertical enforcement of privacy rights. iv. Potential for censorship in light of broad understanding of the ‘private‘. Thematic Highlight:  Sreyoshi came up with a two part…


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Others

SpicyIP Weekly Review (July 31- August 7)


Thematic Highlight: Prashant discussed a recent Delhi HC case involving engineering drawings and their reproduction in 3D form. The defendant got away from the plaintiff’s copyright infringement claim on account of S.15(2) allowing for exemption to design infringement in cases where production crossed 50 units. Prashant argues that the engineering drawings do not constitute “designs” in the first place and therefore, the court misinterpreted S.15(2). Then, he proceeds to further argue that one cannot prevent another from manufacturing the content of…


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Others

SpicyIP Tidbit: SC Calls Out “Disturbing Trend” of Settling IPR Issues Through Interim Orders


As per strict doctrine, interim orders are issued on the basis of a prima facie impression, to prevent “irreparable harm“, by virtue of a party’s actions, during the duration of the proceedings. But in effect, courts haven’t really been solving matters in accordance with settled doctrine, and have largely been sticking to settling matters, almost conclusively, through interim orders. You can find considerable coverage on SpicyIP on the same here. A Supreme Court Bench, comprising of J. Ranjan Gogoi and…


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Trademark

“PARAMOUNT” TM #Delhi HC #Clean Hands Doctrine #Equitable Reliefs


I write to discuss the Delhi HC J. Indermeet Kaur’s judgment involving the mark “PARAMOUNT”. The mark under discussion is relevant strictly in the context of businesses indulging in sale of hospital beds and to the best of my knowledge, is not related to the Paramount film studio. The ruling is unique because the court did not pass an interlocutory injunction in favour of the plaintiff, despite said plaintiff having a valid registration in the relevant class. Though the question…


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Copyright

Code 2.0 Chapter Review. #Technology, IP and Regulation


Today, I will be discussing the chapter pertaining to IP from Lawrence Lessig’s Code 2.0. Easily one of the most interesting books on law that I have read, Code 2.0, essentially, discusses regulation in the backdrop of advancing technologies. While the book also deals with regulation of free speech and privacy concerns, I will restrict myself to IP. Please note that this discussion is not only relevant to “hipsters” interested in so-called “TechLaw”, but also to those concerned about the…


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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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